Written answers
Thursday, 12 November 2020
Department of Housing, Planning, and Local Government
Private Rented Accommodation
Fergus O'Dowd (Louth, Fine Gael)
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200. To ask the Minister for Housing, Planning, and Local Government the regulations in place to prevent overcrowding in private rented accommodation; and if he will make a statement on the matter. [35931/20]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Part IV of the Housing Act 1966 deals with overcrowding and establishes effective limits on the numbers of people that can occupy the same bedroom. The Act requires, inter alia, that there is at least 400 cubic feet of free air space for each person in a bedroom. Local Authorities are responsible for the enforcement of this legislation.
Under the 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.
Under the Act, a local authority can prohibit the use of an overcrowded dwelling, irrespective of whether it is being let or not, and can serve notice on the owner of a dwelling specifying the maximum number of persons that may occupy it without causing overcrowding. If the owner of a house is causing or permitting the house to be overcrowded, the authority can require the owner to desist from this within a period not exceeding 21 days. Any person who neglects or refuses to comply with these requirements is guilty of an offence and shall be liable on summary conviction to a class C fine not exceeding €2,500 and/or to imprisonment for up to one month.
Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities.
Fergus O'Dowd (Louth, Fine Gael)
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201. To ask the Minister for Housing, Planning, and Local Government the number of persons living in private rented accommodation here (details supplied); and if he will make a statement on the matter. [35932/20]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2020, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
The Clerk of the Dáil requested that arrangements be put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. Following the issue of Circular LG (P)05/16 on 20 September 2016 from my Department, the RTB set up a dedicated email address for this purpose. The RTB may be contacted at OireachtasMembersQueries@rtb.ie to establish the extent to which it may hold the information sought.
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