Tommy Broughan (Dublin North East, Labour)
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Question 350: To ask the Minister for the Environment, Community and Local Government the measures he is planning to introduce to address the problem of anti-social behaviour in privately owned and privately rented houses in residential estates in view of the circumstances that some persons have to endure in their own homes because of anti-social activity; and if he will make a statement on the matter. [21008/11]

Willie Penrose (Longford-Westmeath, Labour)
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While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána, in the case of private rented dwellings landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004.

The Act, in this regard, prohibits a tenant in a private residential tenancy from engaging in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies it also allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour.

The Residential Tenancies Act also provides that a third party directly and adversely affected by anti-social behaviour may, subject to certain conditions, refer a complaint to the Private Residential Tenancies Board against a landlord who has failed to enforce tenant obligations. A specific condition is that the third party complainant must have taken reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned.