Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

165. To ask the Minister for Environment, Community and Local Government on behalf of a person (details supplied), why some landlords of multi-unit developments are able to take advantage of an exemption from the Private Residential Tenancies Board and why some tenants are excluded from the board's protection; and if he will make a statement on the matter. [45486/15]

Paudie Coffey (Waterford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Residential Tenancies Act 2004, as amended, regulates the tenant-landlord relationship in the private rented residential sector. 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.

The Act applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the Act, and include for example

- a dwelling that is used wholly or partly for the purpose of carrying on a business;

- a dwelling within which the landlord also resides;

- a dwelling the subject of a tenancy the term of which is over 35 years.

Where a dwelling is occupied by a person under a tenancy to which the Act does not apply or under an arrangement or agreement which is not a tenancy, such as instances where a bona fide licensing arrangement exists, the PRTB does not have any function in relation to such agreements or arrangements.

In circumstances where it is unclear as to whether a dwelling is the subject of a tenancy to which the Act applies, the PRTB can adjudicate on the question and has done so in the past. Where it finds that a tenancy is unregistered due to the landlord’s wrongful claim that the Act does not apply to the dwelling, the PRTB can serve a notice requiring registration and failure to comply is an offence.