Finian McGrath (Dublin North Central, Independent)
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1015. To ask the Minister for Environment, Community and Local Government his views on correspondence (details supplied) regarding a Private Residential Tenancies Board dispute; and if he will make a statement on the matter. [37511/15]

Paudie Coffey (Waterford, Fine Gael)
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The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. It would be inappropriate for me to comment on the specifics of any individual case. 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 2014 alone it referred 402 cases to its legal advisors for enforcement proceedings. It is also open to parties to pursue enforcement independently through the Courts, including the seeking of a garnishee order. 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.

The Residential Tenancies (Amendment) (No. 2) Bill 2012 will amend the Residential Tenancies Act 2004 to provide, inter alia, for the introduction of a new procedure to enforce a tenant’s obligation under section 86 of the 2004 Act to pay rent pending the determination of a dispute. This will allow the PRTB to deal effectively and quickly with tenants who do not comply with their statutory obligation to pay rent during the dispute process. The Bill has passed all stages in the Dáil, together with second stage in the Seanad and will return to the Seanad for Committee Stage shortly.