Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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To ask the Minister for Environment, Community and Local Government his plans for dealing with anti-social behaviour issues across housing tenures in view of his commitment to do this in its programme and the great hardship faced by many persons in their homes due to this problem. [5550/13]

Dessie Ellis (Dublin North West, Sinn Fein)
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To ask the Minister for Environment, Community and Local Government the action he is taking as part of the Programme for Government commitment to tackle anti-social behaviour in all housing tenures and if he will outline any successes or initiatives already in operation. [5112/13]

Tommy Broughan (Dublin North East, Labour)
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To ask the Minister for Environment, Community and Local Government if he will introduce enhanced measures to tackle the problem of anti-social behaviour in private residential estates and complexes; and if he will make a statement on the matter. [5222/13]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 184, 551 and 559.

Housing authorities have a range of statutory housing powers to assist them in tackling anti-social behaviour in their housing stock. These powers include the power to refuse to allocate, or to refuse to sell, a dwelling to a person engaged in anti-social behaviour and the power to seek a court order excluding a person engaged in anti-social behaviour from entering a local authority dwelling or estate for a period of up to 3 years. Each housing authority also has a statutory duty to adopt and review an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock, which must provide for co-operation with other relevant bodies, notably the Gardaí, who have a range of measures in place to deal with allegations of such behaviour generally.

I intend to commence section 29 of the Housing (Miscellaneous Provisions) Act 2009 this year and to make the necessary regulations to give effect to the Programme for Government commitment to introduce a 12-month probationary tenancy for all new social housing tenants, which will include provision for termination in the event of anti-social behaviour.

Proposals for new housing legislation currently being developed in my Department will include a revised procedure to replace section 62 of the Housing Act, 1966, which will be designed to enable housing authorities to recover possession of their dwellings from households engaged in anti-social behaviour. I am also examining the scope for making the excluding order powers of housing authorities more effective in tackling anti-social behaviour without having to evict entire families from their homes. I n the context of the new legislation, I am giving particular consideration to the issue of anti-social behaviour in the arrangements to be made for transferring responsibility for rent supplement households with an established long-term housing need from the Department of Social Protection to housing authorities.

While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána in terms of private residential estates and complexes, under Section 15 of the Residential Tenancies Act 2004 a landlord of a dwelling owes a duty to enforce the obligations of the tenant to each person who could be potentially affected by the breach of those obligations.

The Act specifically 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. This termination is 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.

Section 77 of the Residential Tenancies Act also provides that a third party who is directly and adversely affected by anti-social behaviour may refer a complaint to the Private Residential Tenancies Board (PRTB) against a landlord who has failed to enforce tenant obligations. It also allows the PRTB to furnish the name and address of the landlord concerned to a person who proposes to make such a complaint. However, 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 before referring the complaint to the PRTB.

The effectiveness of these provisions was clearly demonstrated in a recent case taken in Cork against the landlord of two properties the tenants of which were found to be engaging in anti-social behaviour. A group of 13 residents took a case to the PRTB and were awarded combined damages of just under €30,000 against the landlord for his failure to address the behaviour of his tenants.