Richard Bruton (Dublin Bay North, Fine Gael)
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318. To ask the Minister for Housing, Planning, and Local Government if he has considered the extent of persistent offenders under landlord and tenant legislation; and his views on whether a system of escalating penalties for repeat offences would encourage greater compliance. [3749/21]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Section 9 of the Residential Tenancies Acts 2004-2020 provides that a person guilty of an offence under the Acts shall be liable on summary conviction to a Class B fine of between €2,500 and €4,000 or imprisonment for a term not exceeding 6 months or both. If the offence is continued after conviction, the person is guilty of a further offence every day that the offence persists with a daily fine of up to €500 applicable.

Section 28 of the Residential Tenancies (Amendment) Act 2019 inserted Part 7A (Complaints, Investigations and Sanctions) into the Residential Tenancies Act 2004, as amended. Part 7A is fully operational since 1 July 2019 and provides the Residential Tenancies Board (RTB) with enhanced powers of investigation and sanction, in respect of improper conduct by a landlord.

A sanction imposed by the RTB under Part 7A on a landlord in respect of specified improper conduct may include one or all of the following:

(i) the giving of a written caution;

(ii) a direction to pay the RTB a financial penalty up to €15,000; and

(iii) a direction to pay up to €15,000 in respect of RTB costs in investigating the matter.

Section 148AD of the Residential Tenancies Acts 2004-2020 provides for the matters to be considered in determining the nature of a sanction to be imposed. Such matters include:

- the need to ensure that any sanction imposed is appropriate and proportionate to the improper conduct,

- if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future, and

- if applicable, will act in the public interest to encourage compliance with the Residential Tenancies Act;

- the seriousness of the improper conduct;

- if the landlord has acknowledged the improper conduct;

- the extent of any failure by the landlord to co-operate with the RTB investigation concerned;

- any explanation by the landlord for the improper conduct or failure to co-operate with the RTB investigation concerned;

- any gain (financial or otherwise) made by the landlord or by any person in which the landlord has a financial interest as a consequence of the improper conduct;

- the amount of any loss suffered or costs incurred as a result of the improper conduct and any steps taken by the landlord to remediate the loss suffered or costs incurred;

- the duration of the improper conduct;

- if applicable, a re-occurrence of the improper conduct by the landlord;

- if applicable, the continuation of the improper conduct after the landlord was notified of the RTB investigation concerned;

- if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct; and

- whether a sanction had previously been imposed under Part 7A on the landlord on foot of a similar occurrence of improper conduct.

The offence provisions and Part 7A of the Residential Tenancies Acts are kept under constant review with a view to making any necessary legal change to improve their efficacy.