Written answers

Tuesday, 18 October 2011

Department of Environment, Community and Local Government

Private Rented Accommodation

9:00 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Question 327: To ask the Minister for the Environment, Community and Local Government if it is a prerequisite for each landlord to have up-to-date registration with the Private Residential Tenancies Board; and whose responsibility it is to enforce this registration. [29574/11]

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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The Residential Tenancies Act 2004 provides that every landlord of a dwelling to which the Act applies shall apply to the Private Residential Tenancies Board (PRTB) to register the tenancy of the dwelling.

It is a matter for the PRTB to enforce tenancies' registration requirements in accordance with the provisions of the Act, specifically sections 144 and 145 which provide for the issuing of notices to landlords and/or occupiers of the dwellings in question and the prosecution of offenders for non-compliance with the registration requirement. Under section 9 of the Act, a person guilty of an offence is liable on summary conviction to a fine or imprisonment for a term not exceeding 6 months or both.

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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Question 328: To ask the Minister for the Environment, Community and Local Government the course of action available to a private landlord under the circumstance in which the landlord has served a legal eviction notice on a tenant and the tenant refuses to leave when the notice has expired; and if he will make a statement on the matter. [29576/11]

Photo of Willie PenroseWillie 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.

The PRTB offers a dispute resolution service in relation to the majority of landlord and tenant disputes in the sector and parties to a dispute can apply for dispute resolution via either adjudication or mediation. Section 78(1)(j) of the Act provides that a landlord of a dwelling, who has registered the tenancy under Part 7 of the Act, may refer a complaint for resolution to the PRTB where there is an alleged failure by the tenant to offer up vacant possession of the dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord.

Further information on the PRTB's dispute resolution services, including a downloadable dispute resolution application form, is available on its website at www.prtb.ie. The fee for dispute resolution is €25.00.

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