Paul Murphy (Dublin South West, RISE)
Link to this: Individually | In context | Oireachtas source

353. To ask the Minister for Housing, Planning, and Local Government his views on whether the RTB website should be used to make rental histories of properties public, without tenant details, allowing persons search via address and thus allowing tenants to research illegal increases without the involvement of landlords or estate agents; and if his Department will take steps to implement this.. [42440/21]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Residential Tenancies Acts 2004-2021 regulates the landlord-tenant relationship in the 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. 

From 1 July 2019, the Residential Tenancies (Amendment) Act 2019 empowers the RTB, on its own volition or on foot of a complaint, to investigate and sanction landlords who engage in improper conduct including a contravention of the rent setting laws in Rent Pressure Zones (RPZs). The RTB can impose a sanction of up to €30,000 and publish any sanction imposed on its website – www.rtb.ie. All residential tenancy dispute determination orders are also published on its website.

When registering a tenancy, a landlord is required to inform the RTB of the rent amount and again if there is an update to that rent amount. In setting a rent, a landlord cannot exceed the market rent. In general, a rent in respect of a dwelling cannot be reviewed more frequently than annually in a RPZ, or bi-annually outside of a RPZ. In reviewing a rent, a landlord must complete the Notice of Rent Review (available on the RTB’s website) which must be served on the tenant at least 90 days before the new rent becomes payable and requires details of the rent last set for the dwelling and, if the dwelling is in an RPZ,  comply with procedures providing for the rent increase restriction and use the Rent Pressure Zone calculator to ensure compliance with the rent setting laws.

A landlord can identify the application of an exemption from the RPZ laws in respect of a particular dwelling in the Notice of Rent Review, if relevant. A landlord must include details of 3 comparable rents in the Notice of Rent Review.

Section 12 of the Residential Tenancies Acts obliges a landlord, in the case of a tenancy of a dwelling in a RPZ, furnish the tenant, in writing, with the following information at the commencement of the tenancy:

(i) the amount of rent that was last set under a tenancy for the dwelling;

(ii) the date the rent was last set under a tenancy for the dwelling;

(iii) a statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to section 19 (setting of rent above the market rent prohibited) of the Acts. 

A tenant can refer a dispute with regard to rent setting to the RTB for resolution under section 78 of the Residential Tenancies Acts, with a landlord potentially liable to pay damages of up to €20,000. Comprehensive information on rent setting procedures is available on the RTB’s website.

Rent data is collected by the RTB in respect of individual rented dwellings through its tenancy registration process and through data exchange agreements under the Residential Tenancies Acts. This data informs the RTB's function to investigate, and potentially sanction, unlawful rent setting.  The RTB publishes a Quarterly Rent Index on its website presenting anonymised and aggregated data to safeguard privacy and protect data.