Written answers

Tuesday, 24 June 2014

Department of Environment, Community and Local Government

Housing Issues

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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374. To ask the Minister for Environment, Community and Local Government the legal, constitutional or enforcement barriers that prevent the introduction of national legislation or local authority by-laws to ensure that householders and/or landlords are required to maintain their properties to a high standard in terms of maintenance of visible outdoor areas, including grass cutting and tree and shrub clipping, in view of the health and safety concerns associated with vermin; and if he will make a statement on the matter. [26793/14]

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.

Article 5 of these regulations provides that private rented houses shall be maintained in a proper state of structural repair. This includes a stipulation that gardens and common areas are maintained in good condition. Article 12 provides that each house must have access to suitable and adequate pest and vermin-proof refuse storage facilities. In addition, Section 12 of the Residential Tenancies Act 2004, as amended by section 100 of the Housing (scellaneous Provisions) Act 2009, requires a landlord of a dwelling to provide receptacles suitable for the storage of refuse outside the dwelling, except where the provision of such receptacles is not within the power or control of the landlord as could arise, for example, where it is a function of a management company to provide such a service.

Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened, updated legislative and regulatory framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations under the Regulations. Fines for continuing non-compliance with the Regulations were also significantly increased.

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