Written answers

Wednesday, 30 November 2011

Department of Environment, Community and Local Government

Private Rented Accommodation

10:00 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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Question 28: To ask the Minister for the Environment, Community and Local Government his plans to make the reporting of landlords renting substandard properties easier for members of the public. [37753/11]

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 29: To ask the Minister for the Environment, Community and Local Government his plans to introduce tougher measures to penalise landlords renting substandard properties; and the measures required to detect this. [37752/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 28 and 29 together.

Local authorities are responsible for enforcement of the Housing (Standards for Rented Houses) Regulations in relation to all rented properties. Regulations setting out minimum standards for private rented accommodation were first set out in the Housing (Standards for Rented Houses) Regulations 1993. However, it became clear in recent years that the standards no longer reflected the requirements of the modern rental sector. In the partnership agreement, Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations for rented houses. In September 2006, my Department launched a programme, Action on Private Rented Accommodation Standards, arising from which new regulations prescribing minimum standards for rented accommodation - the Housing (Standards for Rented Houses) Regulations 2008 - came into effect on 1 February 2009 with certain provisions being phased in for existing rental properties over four years to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance.

A comprehensive new sanctions regime is also available to local authorities following the enactment of the Housing (Miscellaneous Provisions) Act 2009. Fines for non-compliance with the Regulations have been significantly increased; the maximum fine has increased from €3,000 to €5,000 and the fine for each day of a continuing offence has increased from €250 to €400. In addition to the increased sanctions, the Housing (Miscellaneous Provisions) Act 2009, amended the current definition of "a proper state of structural repair" as set out in the 1992 Act and Article 5 of the Housing (Standards for Rented Houses) Regulations 2008. The new definition provides a comprehensive list of components against which a dwelling can be assessed to verify that it is structurally sound. The inclusion in this definition of a requirement to maintain gardens and common areas in good condition means that there is now an obligation on landlords to maintain the external appearance of rented accommodation. Members of the public can report cases of substandard rented properties to their relevant local authority. Contact details for each local authority and copies of the Housing (Standards for Rented Houses) Regulations can be found on my Department's website, www.environ.ie.

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