John Brady (Wicklow, Sinn Fein)
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168. To ask the Minister for Housing, Planning, Community and Local Government the actions that can be taken to ensure that a maintenance company (details supplied) carries out its duty in a retirement village for vulnerable persons when the owners of the retirement village are in receivership; and if he will make a statement on the matter. [34167/16]

Simon Coveney (Cork South Central, Fine Gael)
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Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These specify requirements in relation to a range of matters such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply.

Details of the main features of these requirements are outlined in the Guide to Minimum Standards in Rented Accommodation, which is available on my Department's website at the following link: .

All landlords have a legal obligation to ensure that their rented properties comply with the regulations and responsibility for the enforcement of the regulations rests with each local authority, which has the power carry out an inspection of the property to assess whether it meets the minimum requirements.  If a property does not comply, the local authority can apply a series of sanctions against a landlord up to and including prosecution in the District Court. Where a person believes a landlord is in breach of these regulations they can report the matter directly to the relevant local authority.

The Residential Tenancies Act 2004 sets out the rights and obligations of landlords and tenants in the private rented residential sector. The Residential Tenancies Board (RTB) was established under the Residential Tenancies Act in September 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the private rented residential sector. Where a landlord does not comply with their obligations under a lease or tenancy agreement, a tenant may refer a dispute to the RTB for resolution.

In circumstances where a receiver is appointed to a landlord's interest in a dwelling it is essential that the rights of tenants are protected.  While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the policies and procedures of banks in appointing receivers cannot affect the statutory or contractual rights of tenants.  The appointment of a receiver does not mean that a tenant loses their rights under the Residential Tenancies Act 2004. 

The RTB’s website, www.rtb.ie contains a variety of information for tenants and landlords on their rights and obligations. The website also provides easy access to information relating to the RTB services and makes available downloadable copies of RTB’s reports and forms.