Robert Dowds (Dublin Mid West, Labour)
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Question 434: To ask the Minister for the Environment, Community and Local Government if he has proposals as to the way difficult tenants in private housing can be dealt with; and if he will make a statement on the matter. [27290/11]

Willie Penrose (Longford-Westmeath, Labour)
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The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Act sets out the obligations of tenants and landlords in the sector and the Private Residential Tenancies Board (PRTB) is the independent statutory body charged with the administration of the Act and the enforcement of those obligations, as necessary.

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 Act.

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 and 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.

Breaches of tenants' or landlords' obligations may be referred to the PRTB in the context of applications to it for its dispute resolution services. The PRTB may then issue directions regarding those obligations in its Determination Orders and, in the event of non-compliance with the Orders, it may pursue enforcement via Court proceedings.