Written answers

Wednesday, 6 October 2021

Department of Housing, Planning, and Local Government

Rental Sector

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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47. To ask the Minister for Housing, Planning, and Local Government the number of cases that have been taken against landlords for non-compliance with the rent pressure zone rules in the past 12 months; the number of landlords that were found to be non-compliant; and if he will make a statement on the matter. [48719/21]

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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48. To ask the Minister for Housing, Planning, and Local Government the number of landlords that were fined by the RTB for non-compliance with the rent pressure zone rules in the past 12 months; the number that paid the fines; and if he will make a statement on the matter. [48720/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 47 and 48 together.

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

My Department does not collect the data sought, however 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.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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49. To ask the Minister for Housing, Planning, and Local Government the additional powers and resources that the RTB requires in order to adequately enforce compliance with rental rules; and if he will make a statement on the matter. [48721/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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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 facilitate the resolution of disputes between landlords and tenants.

Since 1 July 2019, the RTB is empowered under Part 7A – Complaints, Investigations and Sanctions – of the Residential Tenancies Acts to investigate improper conduct by landlords and to impose sanctions, where appropriate.

The breaches of rental law that the Investigations & Sanctions (I&S) unit of the RTB can investigate include a contravention of the rent increase restriction and related procedures in Rent Pressure Zones (RPZs). The RTB has the power to impose sanctions if improper conduct by a landlord is found to have occurred, ranging from a formal written caution and/or a fine of up to €15,000 and/or costs up to €15,000.

Section 56 of the Acts provides for the award of damages for abuse of the termination procedure, and the RTB can make a direction that a landlord pay an amount by way of damages for the deprivation of the tenancy.

The drafting of the Residential Tenancies (Amendment) Act 2019 benefited from input from the sector, including the key Non-Government Organisations (NGOs) working in housing and homelessness. In particular, the 2019 amendments to legally tighten the tenancy termination provisions and to significantly extend the tenancy termination notice periods were informed by the experiences in the rental sector, as highlighted by the NGOs.

The Government is fully committed to ensuring that the full protections for tenants provided for in the Residential Tenancies Acts are applied. As of Quarter 2 2021, the RTB has commenced over 400 investigations into improper conducts and to date, almost €260,000 has been refunded to current and former tenants as a direct result of breach of rent setting rules.

I have formally requested the RTB to escalate its response to non-compliance with the RPZ rent increase restriction, given its extensive investigation and sanction capabilities. An increase of €2M in Current Exchequer Funding was made available to the RTB in 2020, bringing the total amount of funding available to the RTB for operational costs to €9M for 2020.

An additional €2M in Current Exchequer funding for RTB operational costs was secured in Budget 2021 bringing the total amount available to €11M in 2021.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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50. To ask the Minister for Housing, Planning, and Local Government the amount allocated to the RTB for inspections and enforcement in each year for the past ten years; and if he will make a statement on the matter. [48722/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Board's (RTB’s) funding is derived primarily from a proportion of the fee income accruing from tenancy registrations, as set down by Ministerial Order. This allowed the RTB to move to an entirely self-financing position in 2010. However, due to a deterioration in the RTB’s finances as a result of reduced registrations, a growing demand for RTB services and new functions under amendments made to the Residential Tenancies Act 2004, it became necessary to obtain direct Exchequer funding since 2016.

The total Exchequer allocation of current funding made available to the RTB for operational costs 2016 – 2021 is outlined in the table below.

Allocated Exchequer Funds to RTB

Year Amount
2016 €351,000
2017 €1,350,000
2018 €4,390,000
2019 €7,010,000
2020 €9,000,000
2021 €11,000,000

My Department does not collect the breakdown of the data sought, however 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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