Joanna Tuffy (Dublin Mid West, Labour)
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Question 165: To ask the Minister for the Environment, Heritage and Local Government his views on the low levels of inspections being carried out by some local authorities regarding the enforcement of standards in the private rented sector in 2008 in view of the fact that only 17 of the 34 local authorities inspected less than 5% of registered tenancies; if he will take measures to ensure local authorities increase inspections; and if he will make a statement on the matter. [46481/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008 (as amended), made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board. The allocations of this funding to local authorities increased significantly between 2005 and 2008, rising from €1.5m to €4m. The latter figure is being maintained in 2009, bringing total funding allocations since 2004 to €15m. The methodology for the payment of funding is kept under review by my Department and the majority of the funding is paid based on each local authority's inspection performance. Details of the amounts paid to each local authority in respect of the years 2004 - 2008 and of the first funding tranche for 2009 are available on my Department's website at www.environ.ie and in the Oireachtas Library.

Improved enforcement is a key element of the Action Programme to improve standards in the private rented sector, introduced on foot of a commitment in the partnership agreement Towards 2016, and it is also key to promoting compliance with the regulations. In general, local authorities have significantly expanded their inspection activity in recent years with the number of inspections more than doubling – from 6,815 to 17,202 - in the period 2005 to 2008. More detailed information on the number of inspections carried out each year up to and including 2008 is included in my Department's Annual Housing Statistics Bulletins, copies of which are also available on my Department's website. The 2008 data, published in August 2009, indicate an increase in activity of approximately 23% in a single year, with over 17,200 inspections completed in 2008. This is further evidence of the positive impact of the overall Action Programme on Standards, including increased funding, and the ongoing progress with the implementation of the Rental Accommodation Scheme.

It is a matter for each individual local authority to decide on the specific details of its inspection arrangements. However, in discharging their responsibilities in relation to the private rented sector, my Department encourages authorities to have regard to the report – Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement - published by the Centre for Housing Research in November 2007, which makes a range of recommendations on matters relevant to inspection procedures such as identifying and targeting inspection requirements. It is not envisaged that local authorities would inspect all private rented accommodation. The type and quality of accommodation provided by the private rented sector varies and a substantial proportion of such accommodation is relatively new and of good quality and would not warrant priority for inspection. To target best use of resources, local authorities are asked to concentrate on categories of rented accommodation more likely to be non-compliant with the regulations, such as older properties.

Following the commencement on 1 December 2009 of relevant provisions in the Housing (Miscellaneous Provisions) Act 2009, local authorities will now have a strengthened sanctions regime available to them to enforce the minimum standards regulations and the Act also significantly increases the penalties for non-compliance with the regulations. In addition, a one day seminar entitled Standards for Rented Houses: Enforcement Practitioners' Seminar, hosted by Dublin City Council and sponsored by my Department, will take place on 15 December 2009. This seminar will provide an important opportunity for local authority staff involved in the enforcement of standards in rented accommodation to discuss the implementation of the Housing (Standards for Rented Houses) Regulations 2008 and to further develop inspection performance so as to ensure effective enforcement of standards in the rented sector.