Noel Grealish (Galway West, Independent)
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To ask the Minister for Environment, Community and Local Government the rationale considered by him or his Department in preparing the Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 which led to tenants of residential properties not being considered as having any liability for the local services to which the charge contributes through the local government fund. [37021/12]

Noel Grealish (Galway West, Independent)
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To ask the Minister for Environment, Community and Local Government if legislation suggesting that tenants of residential properties are not liable for the household charge is discriminatory, in view of the fact that tenants, whether in public or private accommodation, benefit from the local services provided through the charge, notwithstanding the legislative provision that certain buildings are not considered as residential for the purposes of the legislation. [37022/12]

Noel Grealish (Galway West, Independent)
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To ask the Minister for Environment, Community and Local Government his views on the provision in standard residential letting contracts whereby owners of private residential property can legally pass on the household charge and the non-principal private residence charge to tenants. [37023/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 1018 to 1020, inclusive, together.

The household charge is a charge levied on the ownership of property, not on its occupation. The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislation underpinning the household charge.

Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver. Section 1 of the Act provides a definition of “owner” for the purposes of the Act, 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.

A tenant holding a lease of less than 20 years’ duration, whether in public or in private rented accommodation, is not an owner of the property in which he or she is living and is therefore not liable in respect of that property. The legislation governing tenancies generally is a matter for my colleague, the Minister for Justice and Equality.

Noel Grealish (Galway West, Independent)
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To ask the Minister for Environment, Community and Local Government further to Parliamentary Question No. 595 of 6 June 2012, if the household charge is a property tax rather than a charge for local services; if it is not a property tax, the reason the legislation says that certain buildings are not residential property for the purposes of Section 2(2) of the Household Charge (Local Government) Act 2011. [37025/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The household charge is a charge levied on the ownership of property.

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislation underpinning the household charge. Section 2(2) of the Act provides that certain buildings are not residential property for the purposes of the legislation. A building that is not a residential property for the purposes of the Act is not liable for the household charge.