Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 831: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that landlord owners of residential properties are passing payment of the household charge on to rental tenants and his plans to end this practice. [18252/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.

Application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Under the legislation, it is the owner of a residential property who is liable for the household charge.

Section 1 of the legislation provides a definition of "owner" which, in relation to a residential property, means—(a) a person (other than a mortgagee not in possession) who — (i) in the case of a residential property that is let under a lease or held under a tenancy for a term not exceeding 20 years, is entitled to receive the rent under that lease or tenancy whether in his or her own right or as trustee or agent for another person, or (ii) in the case of a residential property that is not so let or so held, would, subject to paragraph (b), be so entitled if the residential property were so let or so held, whether in that person's own right or as trustee or agent for another person, or (b) where the property is let under a lease or held under a tenancy for a term exceeding 20 years, the person (other than a mortgagee not in possession) who is the lessee under that lease or tenant under that tenancy.

Billy Timmins (Wicklow, Fine Gael)
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Question 832: To ask the Minister for the Environment, Community and Local Government the position in relation to the household charge and long term leases of more than 20 years (details supplied); and if he will make a statement on the matter. [18291/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge.

Application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Under the legislation, it is the owner of a residential property who is liable for the household charge.

Section 1 of the legislation provides a definition of "owner" which, in relation to a residential property, means—(a) a person (other than a mortgagee not in possession) who — (i) in the case of a residential property that is let under a lease or held under a tenancy for a term not exceeding 20 years, is entitled to receive the rent under that lease or tenancy whether in his or her own right or as trustee or agent for another person, or (ii) in the case of a residential property that is not so let or so held, would, subject to paragraph (b), be so entitled if the residential property were so let or so held, whether in that person's own right or as trustee or agent for another person,

or

(b) where the property is let under a lease or held under a tenancy for a term exceeding 20 years, the person (other than a mortgagee not in possession) who is the lessee under that lease or tenant under that tenancy.