Tommy Broughan (Dublin North East, Labour)
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Question 119: To ask the Minister for the Environment, Community and Local Government the basis in legislation for a local authority imposing assessed rent arrears on a tenant who maintained up to date payments on the original rental contract with the local authority; if the differential rent system should produce documented revisions of rent assessments in the current recession and time of falling incomes; and if he will make a statement on the matter. [16953/11]

Willie Penrose (Longford-Westmeath, Labour)
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Local authority rents are set in accordance with a rent scheme adopted by each local council. The making and amending of these rent schemes are an integral part of a housing authority's housing management functions, subject to broad principles laid down by my Department in Circular letter HRT 3/2002 of 6 March 2002.

Section 31 of the Housing (Miscellaneous Provisions) Act 2009 will replace, once commenced, existing provisions in relation to differential rent schemes. Regulations and guidelines for housing authorities in relation to differential rent are currently in preparation in my Department. While it is not the intention to implement a national standardised differential rent scheme, regulations later this year will more clearly set out the matters that may be included in a local rents scheme, including –

- the level, type and sources of household income that may be assessed for rent purposes;

- how dependents will be accounted for in calculating rent; and

- procedures for rent reviews.