Martin Heydon (Kildare South, Fine Gael)
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144. To ask the Minister for Housing, Planning, Community and Local Government the options open to home owners and residents who are frustrated by anti-social behaviour caused by their neighbours, whether these are local authority tenants or otherwise; and if he will make a statement on the matter. [28011/16]

Simon Coveney (Cork South Central, Fine Gael)
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Where anti-social behaviour is of a criminal nature this is a matter for An Garda Síochána. The Criminal Justice Act 2006 contains provisions for civil proceedings to be taken against adults or children for anti-social behaviour. The range of powers includes juvenile and adult cautions, fixed charge penalty notices and the bringing of prosecutions.

In relation to local authority tenants, local authorities are responsible under the Housing Acts for the management and maintenance of their housing stock and the management of their estates, including taking appropriate measures to counter anti-social behaviour.

Where a person is a victim of Anti-Social Behaviour from a Local Authority tenant, or from a member of their household, they should contact their local Area Housing Office to make a complaint. In instances where there is a fear of reprisal, and the complainant wishes to have the complaint treated in confidence, his/her identity will not be disclosed to the person against whom the complaint is made.

The powers of local authorities in this area were significantly enhanced with the commencement of Part 2 of the Housing (Miscellaneous Provisions) Act 2014 on 13 April 2015. Part 2 provides for a revised procedure to replace section 62 of the Housing Act 1966 and strengthens the power of housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements, including engaging in anti-social behaviour. It also gives the local authority power to secure court orders excluding individuals engaged in anti-social behaviour from local authority housing and estates.

In the case of private rented dwellings, landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004. The Act prohibits a tenant in a private residential tenancy from engaging in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour.

The Residential Tenancies Act also provides that a third party affected by anti-social behaviour may take a case to the Private Residential Tenancies Board (PRTB) against a landlord who has failed to enforce a tenant’s obligation not to engage in anti-social behaviour.