Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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1620. To ask the Minister for Housing, Planning, and Local Government if a landlord can withhold moneys from a deposit in lieu of outstanding water charges; and if he will make a statement on the matter. [35108/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector.  Sections 12 and 16 of the Act state that a landlord shall return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease, unless there is a default in the payment of rent or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or where there is damage to the dwelling beyond normal wear and tear. 

Where there are outstanding charges or taxes and the amount is equal to or greater than the amount of the deposit, the landlord is not required to return the deposit. If the amount of outstanding charges or taxes is below the amount of the deposit, the landlord is required to refund the deposit promptly less any deductions in respect of such charges or taxes.

Where there is a dispute between a landlord and tenant in relation to the return of a deposit, the dispute can be referred to the Residential Tenancies Board (RTB) for resolution.  In light of the Government's policy review on the application of water charges and the decision to refund any charges paid by customers, the RTB will take account of such matters in the determination of any such disputes.