Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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537. To ask the Minister for Environment, Community and Local Government the role he sees landlords playing regarding the collection of water charges; and if he will make a statement on the matter. [45381/14]

Alan Kelly (Tipperary North, Labour)
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Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels.

The occupier of a property is liable to pay the water charges bill, and legislation provides that the owner is the occupier unless the contrary is proven. Irish Water is providing landlords with the opportunity to prove that they are not the occupier by providing the tenant's name. This will allow Irish Water to contact the tenant to complete the registration and to bill the tenant. The tenant will have to register with Irish Water to avail of the water conservation grant or to get lower charges than the default capped charge (€260), where they are single adult occupants or their metered usage is less than the maximum charge.

Draft legislation which I will be bringing forward will place certain obligations on landlords where the tenant has not paid charges. In the case of tenants in private rented accommodation, the legislation will seek to insert into all tenancy agreements/leases a deemed obligation on the tenant to discharge their liability for water charges. On the changeover of a tenancy, the registration of a new tenant with Irish Water would be conditional on all water charge arrears being discharged and, in the event of the former tenant not discharging those arrears, the landlord would be entitled to withhold the amount concerned from the tenant’ s deposit and would be required to remit the amount involved to Irish Water.

In the case of local authority tenants, where deposit arrangements do not apply, and where a customer is in arrears for more than 12 months and a late payment fee has accrued, Irish Water, having firstly provided the customer with the opportunity to pay the arrears or enter into a payment plan, will advise the local authority concerned of the amount of the arrears. The legislation would provide for the local authority to recover the amount outstanding over a 12 month period and to remit the amount involved to Irish Water.