Richard Bruton (Dublin North Central, Fine Gael)
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Question 355: To ask the Minister for the Environment, Heritage and Local Government his plans to update landlord and tenant legislation for a clearer set of obligations in respect of the condition of rented property; and when the legislative proposals will be presented to the Houses of the Oireachtas. [11342/10]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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Minimum standards for rental accommodation are prescribed by regulations made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations for rented houses and, in November 2008, delivered on this commitment by approving a package of measures.

Those elements of the package not requiring primary legislation were introduced through new regulations to update the Housing (Standards for Rented Houses) Regulations 1993. The new regulations, entitled the Housing (Standards for Rented Houses) Regulations 2008, were made by me on 10 December 2008 and specify requirements in relation to a range of matters, such as structural repair, absence of damp and rot, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply.

The remaining elements of the package of measures required amendment of primary legislation and were addressed by the Housing (Miscellaneous Provisions) Act 2009. These elements included increased penalties for non-compliance and the introduction of a more robust sanctions regime. The relevant provisions were commenced on 1 December 2009. The Housing (Standards for Rented Houses) Regulations 2009 amended the Housing (Standards for Rented Houses) Regulations 2008 for compatibility with the 2009 Act.

All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence, subject, on summary conviction, to a fine not exceeding €5,000, or a term of six months in prison or both and €400 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. I have no plans to make further amendments to the standards regulations at this time; however, the matter is kept under continuous review by my Department.

Landlord and tenant obligations regarding the condition of rented property are set out in sections 12 and 16 of the Residential Tenancies Act 2004 respectively. In November 2009, I announced preliminary results of my review of the provisions of the Residential Tenancies Act 2004 under which the Private Residential Tenancies Board (PRTB) operates. The purpose of this review is to consider whether the Act best supports the PRTB's key functions and whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. While a number of issues still require further research in the context of the review, and the obligations of landlords and tenants will be examined in this regard, I am committed to initiating comprehensive amending legislation before the end of 2010.