Bríd Smith (Dublin South Central, People Before Profit Alliance)
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464. To ask the Minister for Housing, Planning, Community and Local Government the regulation that governs the setting of rents by voluntary housing agencies and the rights tenants of such bodies have in appealing new rents set by such bodies; the guidelines his Department has for the setting of rents by voluntary housing bodies. [33250/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The normal legislative provisions of the Residential Tenancies Acts governing rent setting, rent reviews and notices of changed rents for private rented tenancies, do not apply to Approved Housing Body (AHB) tenancies.  Instead,  these matters are governed by the tenancy agreements, leases or financing arrangements in place.

Where social housing units are provided by AHBs under Payment and Availability (P&A) arrangements with local authorities, it is a condition of such funding that rents must be determined in accordance with the differential rents scheme of the housing authority in which the house is situated. This mechanism accounts for a significant element of the housing currently being delivered by AHBs.

Where housing is provided by AHBs under the Capital Assistance Scheme (CAS), my Department’s historical guidance states that rents should be at levels which are reasonable having regard to the tenant’s income and the outlay of the AHB on the accommodation, including the ongoing property management costs.  AHBs are also required to consult with the local authority in relation to the setting of rents.

It should be noted that provision has been made in the Residential Tenancies Act 2004 for the Residential Tenancies Board to have a dispute resolution role in relation to AHB tenancy rent setting and reviews. In summary, an AHB tenant may refer a dispute to the RTB for resolution as to whether the initial rent set for their tenancy or a rent arising from  a rent review is in line with the provisions of tenancy arrangements, leases or financing arrangements in place. This provides an important protection for AHB tenants in situations where a dispute arises in relation to these matters.

Notwithstanding this, it is timely that the overall approach to rents in the AHB sector would be subject to review and my Department will be considering this matter later this year,  in consultation with the AHB sector and local authorities, taking account also  of work being undertaken in relation to the development of a national framework of differential rents.