Brendan Griffin (Kerry South, Fine Gael)
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1059. To ask the Minister for Environment, Community and Local Government if he plans to review the operation and functioning of the Private Residential Tenancies Board; and if he will make a statement on the matter. [21766/15]

Paudie Coffey (Waterford, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The 2004 Act represented the most significant legislative reform in the private rented sector in over a century. Prior to this there was little or no security of tenure for tenants and in most tenancies the landlord had a virtual right to terminate the tenancy subject to only 28 days’ notice. Under the 2004 Act, a landlord may not serve a notice of termination except in very clearly defined circumstances, such as a failure by the tenant to comply with his or her obligations in relation to the tenancy.

As the PRTB replaces the Courts for the vast majority of landlord and tenant disputes, there are statutory time periods laid down in the Residential Tenancies Act to provide for due process.

The PRTB received 3,374 applications for dispute resolution in 2014, a 104% increase since 2008 when 1,650 cases were received. Some 80% of cases are processed or closed within 5 to 6 months. Only 7% of what are the most difficult cases are taking 9 to 10 months to process. There are a number of factors that may delay the processing of a case including where adjournment requests are made or where there are difficulties locating a party to the dispute.

A telephone mediation service was introduced in late 2013 as an alternative means to address disputes. Processing times for mediation cases are typically 10 to 12 weeks.

Under the Act, enforcement of PRTB determination orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. While there is no legal obligation on the PRTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. In 2013 alone it referred 394 cases to its legal advisors for enforcement proceedings. It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.

I am confident that the Board will continue to discharge its statutory obligations in an independent, fair and efficient manner. My Department continues to keep the resources available to the PRTB under close review and engages regularly with the Board on this and other matters.