Written answers

Thursday, 2 July 2015

Department of Environment, Community and Local Government

Private Rented Accommodation Standards

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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213. To ask the Minister for Environment, Community and Local Government if he will set up a housing standards test, similar to the national car test model for cars, to combat the extremely high level of sub-standard housing being rented on the private market in Dublin; and if he will make a statement on the matter. [26688/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. With very limited exemptions, these regulations apply to local authority and voluntary housing units as well as private rented residential accommodation.

All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board (PRTB).

Since the establishment of the PRTB, over €30 million has been paid to local authorities to assist them in the performance of their functions under the Housing Acts, including the inspection of rented accommodation. Over 167,000 inspections have been carried out in this period. Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened legislative framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations. Fines for non-compliance with the regulations were also increased; the maximum fine increased from €3,000 to €5,000 and the fine for each day of a continuing offence increased from €250 to €400.

In relation to the level of sub-standard housing being rented on the private market in Dublin, the high rate of non-compliance found as a result of inspections by Dublin City Council and reported on recently, reflects the fact that the inspection effort is targeted at the very properties most likely to be in breach of the standards. A Red C survey undertaken last year as part of the DKM report for the PRTB found that less than 10% of tenants surveyed were dissatisfied with the condition of the property.

The idea of certification has been proposed before and there is merit in the proposal. A 2014 report from DKM Economic Consultants, ‘The Future of the Private Rented Sector’(commissioned by the PRTB), put forward a number of options in relation to improving the quality of the rental stock. These include:

- improving the enforcement of standards by local authorities by prioritising those properties more likely to be in breach of the required standards, and

- in time, moving to a model where there would be a responsibility on the landlord to produce a certificate of compliance every three years.

In the short term it is my intention to promote best practice in implementing the regulations across the local authorities. The possibility of shared services across local authority areas is also to be explored. The regulations will be reviewed this year and the potential role of certification will be considered as part of the review.

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