Finian McGrath (Dublin North Central, Independent)
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617. To ask the Minister for Environment, Community and Local Government the position regarding the protection of tenants from the actions of unscrupulous landlords, in the current Residential Tenancies Act (details supplied); and if he will make a statement on the matter. [15522/15]

Paudie Coffey (Waterford, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants relating to, inter-alia, security of tenure, termination of tenancies, rent and rent reviews. The 2004 Act provides that rents may not be greater than the open market rate and may only be reviewed upward or downward once a year unless there has been a substantial change in the nature of the accommodation that warrants a review. Tenants must be given 28 days’ notice of new rent and can make an application for dispute resolution to the Private Residential Tenancies Board (PRTB) where they feel the rent increase is in excess of the market rent. These provisions have effect notwithstanding any provision to the contrary in a lease or tenancy agreement. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits and may grant redress and give specific direction as appropriate on foot of a determination. In May 2013, the PRTB launched a national rent index available at . Compiled by the Economic and Social Research Institute and based on the PRTB’s own register of over 300,000 tenancies, this valuable source of information indicates the actual rents being paid for rented properties throughout the State. The rent index is updated quarterly and shows the percentage change in rents over the previous quarter and over the previous twelve months.

Security of tenure under the 2004 Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy. Landlords and tenants may not contract out of any of the provisions of Part 4 of the Residential Tenancies Act and no lease, tenancy agreement, contract or other agreement may operate to vary or modify the provisions of Part 4 of the Act.

A landlord may not serve a notice of termination except in very clearly defined circumstances set out in the Act, such as a failure by the tenant to comply with his or her obligations in relation to the tenancy or where the landlord intends to sell the dwelling. Notice periods for the termination of a tenancy by the landlord vary depending on the duration of the tenancy but periods of up to 112 days are provided for under section 66 of the Act. Where there is a dispute regarding the validity of a notice of termination, the dispute may be referred to the PRTB for resolution.

Section 86(1) of the 2004 Act provides that pending the determination of a dispute that has been referred to the Board, the rent payable under the tenancy continues to be payable and, if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made. This does not apply if, where awaiting the outcome of the dispute case, the parties agree to payment of the rent being suspended or if they agree to an increase in the amount of the rent being made. Subject to section 86(2), section 86(1) also provides that a termination of the tenancy concerned may not be effected pending the determination of a dispute.

Section 14 of the Act provides that a landlord of a dwelling shall not penalise a tenant for referring any dispute between the tenant and the landlord to the Board for resolution. For the purpose of the Act, a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned. An action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of his or her rights under the 2004 Act.