Catherine Connolly (Galway West, Independent)
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753. To ask the Minister for Housing, Planning, and Local Government the number of checks carried out by his Department on HAP properties; the time between approval to join the scheme and the first inspection; the position in the event that an inspection results in a fail; the number of properties and or landlords that have been removed from HAP having failed an inspection; the obligations of landlords of failed properties to the sitting tenants; and if he will make a statement on the matter. [39187/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2017, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992.  All landlords, including those in receipt of Housing Assistance Payment (HAP), have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the regulations rests with the relevant local authority. Under the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened legislative framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations.  Fines for non-compliance with the regulations were also increased; the maximum fine increased from €3,000 to €5,000 and the fine for each day of a continuing offence increased to €400.

Under Section 12 of the Residential Tenancies Act 2004 (as amended), landlords are obliged to: ensure that the their property is in good condition; maintain the property to the standard it was at the start of the tenancy; and reimburse the tenants for any repairs carried out on the structure.

The Housing Assistance Payment (HAP) scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of the commencement of HAP support being provided in relation to a particular dwelling if not already inspected within the previous 12 months. HAP may be provided on a property which is the subject of a subsisting improvement notice under section 18A of the Housing (Miscellaneous Provisions) Act 1992. HAP shall not be, or shall cease to be, provided on a property which is the subject of proceedings or a prohibition notice under section 18B of the Housing (Miscellaneous Provisions) Act 1992. Where a prohibition notice has come into effect, HAP may continue to be paid for 13 weeks from the date of HAP commencing or the notice coming into force, as appropriate. 

Following the completion of the statutory phased roll-out of the HAP scheme in March 2017, the HAP Shared Services Centre, which provides a central transactional service for all local authorities and is operated by Limerick City and County Council, updated the ICT system used for HAP supported tenancies in order to assist local authorities in recording their compliance with their legislative obligations.  The inspections module went live in July 2017 and the HAP SSC is working with local authorities to ensure consistency.

This new module will provide improved information in relation to inspections of HAP properties and the information reported by local authorities under the module will be kept under regular review. 

Data in relation to all private rental inspections carried out by local authorities can be found at the following link:

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