Thomas Pringle (Donegal South West, Independent)
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15. To ask the Minister for Justice and Equality the legality around letting agents charging fees to interested parties in order for their names to be put on a list to view a particular property; her views that this is a fair and sustainable practice; the regulations in place to manage estate agent practice, in view of the high level of competition, in seeking out rental accommodation; if her attention has been drawn to the financial hardship involved, if persons have to pay fees for every property they wish to view, when rents are already extremely high; and if she will make a statement on the matter. [9074/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to provide legal advice in answer to a Parliamentary Question.

The general position is that the Property Services Regulatory Authority licences and regulates all Property Services Providers (i.e. Auctioneers, Estate Agents, Letting Agents and Management Agents) under the Property Services (Regulation) Act 2011. Under Section 90 of the Act, any provision whereby a purchaser or a tenant is required to pay or otherwise bear the cost of the licensee's fees or expenses in respect of the sale or letting of a property is void, unless the person concerned engages a Property Services Provider who does not also act for the owner of the property. Any moneys so paid are recoverable as a simple contract debt.

Section 43 of the Act requires licensed Letting Agents to issue a Letter of Engagement, in the form specified by the Property Services Regulatory Authority, to all clients. The form specified stipulates the agreed fees and charges payable by the client to the letting agent. Failure to have in place a Letter of Engagement can be deemed to constitute improper conduct on the part of licensed Property Services Providers. Where the Authority finds a licensed Property Services Provider engaging in improper conduct it may impose a sanction which includes fines of up to €250,000 and/or the revocation of the services providers licence.

Under the Act, any person may make a complaint in writing to the authority alleging that improper conduct by a licensee has occurred or is occurring.