Noel Grealish (Galway West, Independent)
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155. To ask the Minister for Environment, Community and Local Government regarding the situation whereby if a landlord receives a €500 deposit and a tenant damages the property causing in excess of €500 worth of damage and the water bill is still outstanding, if the landlord will be liable for the water bill; the position regarding same; and if he will make a statement on the matter. [45506/14]

Alan Kelly (Tipperary North, Labour)
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I refer to the reply to Question No. 537 of 25 November 2014 which sets out the position on this matter. I will be bringing forward specific legislation shortly which will address the detailed arrangements.

Barry Cowen (Laois-Offaly, Fianna Fail)
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156. To ask the Minister for Environment, Community and Local Government if he has met the Irish Property Owners Association regarding the changes to the water charges regime; if he will meet the group; and if he will make a statement on the matter. [45516/14]

Barry Cowen (Laois-Offaly, Fianna Fail)
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157. To ask the Minister for Environment, Community and Local Government if landlords will be obliged to collect overdue water charges from tenants' deposits; and if he will make a statement on the matter. [45517/14]

Alan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 156 and 157 together.

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 tenants 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. I have asked my Department to consult with property owner representatives in the course of drafting the legislation.

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.