Ruth Coppinger (Dublin West, Solidarity)
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1981. To ask the Minister for Housing, Planning, and Local Government if he will ensure the practice of non-refundable deposits to be considered for a tenancy (details supplied) will be outlawed; and if he will make a statement on the matter. [37363/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The requesting and acceptance of booking deposits by landlords and letting agents from potential tenants of private rented accommodation, and any related rights and obligations, are not part of a tenancy and do not come within the remit of the Residential Tenancies Act.

Complaints in relation to the provision of a property service or the conduct of a Property Service Provider (PSP) can be made to the Property Services Regulatory Authority which has the power to investigate such complaints. PSPs include Auctioneers/Estate Agents, letting agents and management agents. Further details are available on the Authority's website at .

Generally, moneys paid by a person to a Letting Agent by way of a “booking deposit” to secure a tenancy will be held in the Agent's "client account". When a person enters the tenancy, the “booking deposit” is paid/forwarded to their Client.  Where no tenancy is entered into, the “booking deposit” should be refunded to the person by the Agent.

Where a booking deposit is paid to a Letting Agent, and the subsequent let does not proceed, and the Letting Agent retains some or all of the booking deposit for administration costs or other such charges, the PSRA is of the view that the Letting Agent is not permitted to retain the booking deposit (or part of it) as part of fees owing to the Agent.  Where all or part of the booking deposit is withheld from the potential lessee by the Letting Agent, the PSRA will, on foot of a complaint, cause an investigation to be undertaken.

My Department is currently conducting a review of the Rent Predictability Measure and, on the basis of the RTB rent data and of the recently conducted consultation on the operation of the Rent Pressure Zones, is examining whether there is avoidance of the legislative requirements, either through the introduction of extra charges by landlords or the implementation of increases beyond those allowed under the legislation, and whether new approaches to ensuring compliance are necessary.  Where policy and/or legislative changes are recommended on foot of the review, they will be implemented as a matter of priority.

Since 1 January 2016, a person cannot be discriminated against when renting because they are in receipt of housing supports or rent supplement. If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts to the Workplace Relations Commission. Further information is available on the Commission's website: .