Eoghan Murphy (Dublin South East, Fine Gael)
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529. To ask the Minister for Environment, Community and Local Government how landlords are expected to find similarly-priced lettings locally to reflect the market average, particularly where significant changes to internal accommodation are concerned and so are not necessarily reflected in lettings of a similar size or in a similar location. [41217/15]

Paudie Coffey (Waterford, Fine Gael)
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Section 19 of the Residential Tenancies Act 2004 provides that the rent of a dwelling may not be greater than the amount of market rent for that tenancy at that time. Market rent is defined in section 24 of the Act as the amount of rent which a willing tenant would give and a willing landlord would take for the dwelling, having regard to the other terms of the tenancy and the letting values of dwellings of a similar size, type, and character to the dwelling and situated in a comparable area to that in which it is situated.

Amendments to the Residential Tenancies Act, to be introduced in the Residential Tenancies (Amendment)(No. 2) Bill 2012, provide that when notifying the tenant and PRTB of an alteration in the rent, a landlord must specify the amount of rent sought for 3 dwellings:

- of a similar size, type and character to the dwelling that is the subject of the tenancy; and

- situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated.

In this regard, the amount of rent sought may be determined by advertisements in, e.g., estate agents, letting agents, publications such as newspapers or on property- related websites. The new provisions do not require the landlord to determine the average market rent.