Written answers

Thursday, 20 September 2012

Department of Environment, Community and Local Government

Local Authority Charges Application

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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To ask the Minister for Environment, Community and Local Government if he has any difficulty with the provision in standard residential letting contracts whereby owners of private residential property can legally pass on local service charges such as the household charge and the non-principal private residence charge to tenants. [39904/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative underpinning for the household charge.  The Local Government (Charges) Act 2009 provides the basis for the non-principal private residence charge. The legislation provides that the owner of a residential property is liable to pay the household charge and/or non-principal private residence charge on the liability date unless otherwise exempted or entitled to claim a waiver. Private residential tenancies, with limited exceptions, are governed by the Residential Tenancies Act 2004 and it is a matter for the tenant and landlord to agree the terms and conditions of a lease or tenancy agreement consistent with the Act.

Section 16(a)(ii) of the Act states that where a lease or tenancy agreement provides that any charges or taxes are payable by the tenant, the tenant shall pay those charges or taxes to the landlord in accordance with the lease or tenancy agreement unless the provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment. Section 18 of the Act specifies that no such lease or agreement may vary, modify or restrict the landlord's or tenant's obligations as set out in Sections 12 and 16, respectively, of the Act. More favourable terms for the tenant may be provided for and additional obligations may be imposed on the tenant if such are consistent with the Act.

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