Finian McGrath (Dublin North Central, Independent)
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1366. To ask the Minister for Environment, Community and Local Government his views regarding unscrupulous landlords who try to keep tenants' deposits; and if he will make a statement on the matter. [30433/15]

Paudie Coffey (Waterford, Fine Gael)
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The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. Section 12 of the Act states that a landlord shall return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease, subject to compliance by the tenant with provisions regarding default in the payment of rent or damage to the property beyond normal wear and tear.

The Private Residential Tenancies Board (PRTB) was established under the Residential Tenancies Act 2004 . The Act regulates the tenant / landlord relationship in the private rented residential sector and the PRTB is charged with the administration of the Act including, inter alia, the resolution of disputes. Where a landlord withholds a deposit unjustly, the tenant may bring a dispute to the PRTB for resolution.

The Residential Tenancies (Amendment) (No. 2) Bill 2012 has passed all stages in the Dáil, together with second stage in the Seanad Amendments will be introduced at Committee stage to amend the Residential Tenancies Act 2004 to provide, inter alia, for the introduction of a deposit protection scheme.

In a deposit protection scheme, tenancy deposits are transferred to the independent operator for the duration of the tenancy. They are then repaid by the scheme operator following agreement between the landlord and tenant or following the outcome of a dispute resolution process in cases where there is no agreement. The establishment of the scheme will ensure that deposits cannot be unjustly withheld from tenants.