Written answers

Tuesday, 22 May 2012

Department of Environment, Community and Local Government

Proposed Legislation

9:00 pm

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Question 500: To ask the Minister for the Environment, Community and Local Government his plans to introduce legislation in respect of rental accommodation (details supplied); and if he will make a statement on the matter. [25497/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Private residential tenancies, with limited exceptions, are governed by the Residential Tenancies Act 2004 and the main provisions in respect of rent and rent reviews are set out in Part III of that Act. Under section 19 of the Act, it is prohibited to set the rent under a tenancy at a rate above the market rent at either the beginning of the tenancy or at any subsequent rent review. Both tenants and landlords have the right to a review of rent, even where there is no provision to that effect in the tenancy agreement. Such a review may not take place more frequently than once in each period of 12 months nor in the first 12 months of the tenancy.

If non-compliance with the provisions of the Act relating to rent and rent reviews lead to a dispute between landlord and tenant either or both of the parties to the tenancy may refer the matter to the Private Residential Tenancies Board (PRTB) for resolution. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits, and may grant redress and give specific direction as appropriate on foot of a determination.

The Rent Tribunal, established under the Housing (Private Rented Dwellings) (Amendment) Act, 1983, is the arbitrating body in the determination of the rent and other terms of tenancy of dwellings which were formerly rent controlled under the Rent Restrictions Acts 1960-1981. The Tribunal may determine new cases or may review cases previously determined by the District Court or by the Tribunal itself. Since October 2009 the administrative functions of the Rent Tribunal have been carried out by the PRTB.

With regard to local authority housing, local authorities set rents for social housing tenants based on their Differential Rents Schemes. While it is a matter for each authority to determine an individual's rent, the principle of the scheme is that a household is charged a rent based on a proportion of their income.

I have no plans to introduce legislation in relation to rent control at this time.

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