Pat Rabbitte (Dublin South West, Labour)
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Question 41: To ask the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 492 of 26 January 2010, the progress that has been made in regard to the review of the Residential Tenancies Act 2004; if it is his intention that the Act will be brought before the Houses of the Oireachtas for amendment in 2010; and if he will make a statement on the matter. [22251/10]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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In April 2009 my Department commenced a review of the provisions of the Residential Tenancies Act 2004, under which the Private Residential Tenancies Board (PRTB) operates. The purpose of this review was to consider whether the Act best supported 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.

I announced the preliminary outcomes of the review in November 2009; they include recommendations in a number of key areas, and have an overall emphasis on streamlining and simplifying the Act and reducing delays. Among the main issues that will be addressed by the amending legislation are -

· a statutory objective of 6 months to be set for the issuing of determination orders arising out of dispute resolution applications,

· the Board of the PRTB to be reduced from 15 to 12 members,

· the introduction of fixed fines where deposits are illegally retained by landlords,

· measures to address non-payment of rent by tenants during a dispute process, in particular to introduce scope for the legal termination of such a tenancy,

· the separation of the governance and quasi-judicial functions of the Board,

· the inclusion within the remit of the Residential Tenancies Act of segments of the voluntary and co-operative housing sector that most closely parallel its current remit.

A number of issues requiring further research, including third party complaints under the Act, the Act's engagement with anti-social behaviour matters and how best to address issues surrounding the retention of deposits, are also being considered in detail.

The Government recently approved the preparation of Heads of the Bill which will also address a number of amendments to housing legislation which it was not possible to finalise in the context of the Housing (Miscellaneous Provisions) Act 2009. It is envisaged that the General Scheme of the Bill setting out the detailed proposals arising from the review will be submitted to Government in Autumn 2010, with publication of the Bill dependent on the time subsequently required for drafting by the Office of the Parliamentary Counsel.