Noel Rock (Dublin North West, Fine Gael)
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384. To ask the Minister for Housing, Planning, Community and Local Government his plans to extend tenants' rights to those persons that rent a room in a person's house; and if he will make a statement on the matter. [10163/17]

Noel Rock (Dublin North West, Fine Gael)
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386. To ask the Minister for Housing, Planning, Community and Local Government his plans to legislate to force those persons that rent rooms in a house to register as landlords and ensure that the accommodation they provide is of a minimum physical standard; and if he will make a statement on the matter. [10165/17]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 384 and 386 together.

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

In these cases the RTB does not have any function in relation to the agreements or arrangements on which they are based.

In circumstances where it is unclear as to whether a dwelling is the subject of a tenancy to which the Act applies, the RTB 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 RTB can serve a notice requiring registration and failure to comply is an offence.

Where the owner of a dwelling, residing in that dwelling, lets a room, that letting is not considered to be a tenancy within the meaning of the Residential Tenancies Act. I have no plans at this time to extend the provisions of the Residential Tenancies Acts to persons who rent a room in a dwelling within which the landlord also resides.

However, the legislation on overcrowding of houses is laid out in Part IV of the Housing Act 1966 and applies irrespective of whether the house is the subject of a tenancy. Under that Act, a housing authority may request information from the owner or occupier of a house such as will allow that authority to determine if a house can be deemed to be overcrowded, having regard to section 63 of the Act.

The housing authority may serve notice on the owner of a house specifying the maximum number of persons that may occupy a house without causing overcrowding and, where the owner of a house is causing or permitting the house to be overcrowded, may require the owner to desist from causing or permitting such overcrowding within a period not exceeding twenty one days. Any person who neglects or refuses to comply with these requirements is guilty of an offence.

Noel Rock (Dublin North West, Fine Gael)
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385. To ask the Minister for Housing, Planning, Community and Local Government his plans to legislate to prevent overcrowding in houses which rent out rooms to persons; and if he will make a statement on the matter. [10164/17]

Noel Rock (Dublin North West, Fine Gael)
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387. To ask the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to a report (details supplied) on 15 February 2017 regarding the treatment of tenants by a person; and if he will make a statement on the matter. [10166/17]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 385 and 387 together.

The issue of overcrowded houses is dealt with in Part IV of the Housing Act 1966. Under that Act, a housing authority may request information from the owner or occupier of a house such as will allow that authority to determine if a house can be deemed to be overcrowded, having regard to section 63 of the Act.

The housing authority may serve notice on the owner of a house specifying the maximum number of persons that may occupy a house without causing overcrowding and, where the owner of a house is causing or permitting the house to be overcrowded, may require the owner to desist from causing or permitting such overcrowding within a period not exceeding twenty one days.

Any person who neglects or refuses to comply with these requirements is guilty of an offence. Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities. Situations of overcrowding should be reported to the relevant local authority.