Robert Dowds (Dublin Mid West, Labour)
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Question 170: To ask the Minister for the Environment, Community and Local Government his plans to introduce legislation to enable residents in private accommodation to lodge complaints to the Private Residential Tenancies Board regarding anti-social neighbours through a proxy, such as a member of the Garda Síochána or a public representative, rather than forcing them to reveal their identity and thus put them at risk of intimidation; and if he will make a statement on the matter. [1644/12]

Jan O'Sullivan (Limerick City, 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 Act also provides that a third party directly and adversely affected by anti-social behaviour may, subject to certain conditions, refer to the Board a complaint 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. Parties involved in a dispute can apply for either adjudication or mediation as a means of dispute resolution. In the event of an appeal from adjudication or an unsuccessful mediation the dispute will be referred to a tenancy tribunal and 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.

I am satisfied that the Act is adequate in the matter of third party disputes. While I have no plans to amend the legislation in this regard, I will keep the matter under review.