Written answers

Thursday, 5 December 2013

Department of Environment, Community and Local Government

Rental Accommodation Standards

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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150. To ask the Minister for Environment, Community and Local Government his views regarding Threshold's latest 2012 Annual report which states that families are being forced to live in substandard accommodation due to rising demand and prices in the rental market, and that there is a failure on the part of local authorities to enforce minimum standards legislation; the way he will address the lack of enforcement by local authorities; the way he will counteract the trend of substandard accommodation as appropriate accommodation is in increasingly short supply and as low income families become increasingly vulnerable to substandard accommodation; and if he will make a statement on the matter. [52158/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009 made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These specify requirements in relation to a range of matters such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. All landlords have a legal obligation to ensure that their properties comply with the regulations; however, responsibility for the enforcement of the minimum standards regulations rests with the local authorities supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board (PRTB).

It is a matter for each individual local authority to decide the specific details of its enforcement strategy and inspection arrangements. However, in discharging their responsibilities in relation to the rental sector, authorities have been asked to have regard to the Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement published by the Centre for Housing Research in November 2007, which make recommendations on relevant issues, including the targeting of inspection activities.

Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened, updated regulatory framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations. Fines for continuing non-compliance with the regulations were also increased significantly. While I expect that the large majority of landlords will comply with local authorities’ directions in the area of standards, the legal sanctions available to local authorities are an important aspect of enforcement and I would encourage local authorities to use them where landlords have failed to comply with directions.

PRTB registrations at the end of 2012 indicate that there are just over 260,000 registered properties for private rental in Ireland. Since 2005, over 130,000 inspections have been carried out by local authorities on properties in the sector.

The Government is acutely aware of the importance of having a robust private rented sector which provides good quality accommodation and protection for tenants. On 1 February 2013, regulations 6, 7 and 8 of the Housing (Standards for Rented Houses) Regulations 2008 came into effect for all residential rented accommodation. This means that all rental accommodation must have its own separate sanitary facilities leading to the phasing-out of the traditional ‘bed-sit’, where sanitary facilities are shared between different rental units. The Regulations allowed a four year phasing-in period to facilitate any improvement works that needed to be carried out. 

The revised standards do not specifically target bed-sits but were based on a review of minimum standards dating back to 1993 which allowed external toilets, cold water only and having an open fireplace as the only heating source. The new standards were made in consultation with key stakeholders including organisations representing landlords and tenant rights, such as the Irish Property Owners Association and Threshold. 

I am confident that targeted inspection activity and effective follow-up action where there is non-compliance will continue to improve the quality of the stock in the rented sector and I urge all landlords to ensure that their dwellings are in compliance with the regulations.

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