Patricia Ryan (Kildare South, Sinn Fein)
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300. To ask the Minister for Housing, Planning, and Local Government his views on whether the HAP agreement between landlords and tenants is fit for purpose; and if he will make a statement on the matter. [7403/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing Assistance Payment (HAP) is a flexible and immediate housing support that is available to all eligible households throughout the State. Under HAP, a tenant sources their own accommodation in the private rented market. The tenancy agreement is between the tenant and the landlord and is governed by the Residential Tenancies Act 2004, as amended. HAP supported tenancies are afforded the same protections as all private rented tenancies.

Under the Housing (Miscellaneous Provisions) Act 2014, HAP provides for the payment of rent for a dwelling to a landlord on behalf of a qualified household. The HAP application form comes in two parts, Section A to be completed by the applicant tenant and Section B to be completed by the landlord or agent. An application for HAP will only be accepted by the local authority when both Section A and Section B are completed, signed and returned, along with the required supporting documentation.

Patricia Ryan (Kildare South, Sinn Fein)
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301. To ask the Minister for Housing, Planning, and Local Government if he will introduce legislation to ban the advertising of properties for rent that do not meet minimum standards; and if he will make a statement on the matter. [7404/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing (Standards for Rented Houses) Regulations 2019 specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas, oil and electrical supplies. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for the enforcement of the Regulations rests with the relevant local authority.

Under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, a housing authority may issue an improvement notice or prohibition notice, respectively, where a property is found to be non-compliant. Under Section 34 of that Act, any person who by act or omission contravenes the Regulations, fails to comply with an improvement notice, or re-lets a house in breach of a prohibition notice, will be guilty of an offence and will be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both. If the contravention, failure to comply or re-letting is continued after conviction, the person will be guilty of a further offence on every day on which the contravention, failure to comply or re-letting continues and for each such offence will be liable, on summary conviction, to a fine not exceeding €400 per day.

However, I am conscious that additional and alternative inspection approaches can also contribute in a positive way towards higher quality rental properties. Therefore , under Housing for All I have proposed the examination this year, of the potential extension of the role of estate agents, to include the possibility of carrying out an initial inspection of rental properties prior to their entry into the rental market.