Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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196. To ask the Minister for Environment, Community and Local Government the options available to a landlord who has engaged with the Private Residential Tenancies Board (details supplied) but who has, to date, failed to achieve an outcome in circumstances where the tenant has refused to pay rent without any apparent reason, and where the landlord requires the house for own occupation; and if he will make a statement on the matter. [39896/15]

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 facilitate the resolution of disputes between landlords and tenants.

Due to the quasi-judicial role of the PRTB it would be inappropriate for me to comment on the specifics of any case. 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 order. Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. The order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the PRTB can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case. A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts.

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 is currently before the Oireachtas and 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.

As part of the Government Housing Package announced on 10 November, the enforcement of PRTB determination orders will no longer have to be pursued through the Circuit Court, but may be pursued through the District Court. This will save landlords who are dealing with such situations considerable time and expense. 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 Residential Tenancies (Amendment) (No. 2) Bill 2012 has passed all stages in the Dáil, together with second stage in the Seanad , and will return to the Seanad for Committee Stage shortly.