Seán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

238. To ask the Minister for Housing, Planning, and Local Government the number of private rented accommodation inspections that were carried out by all local authorities in each of the years 2018 to 2021 and to date in 2022; the number of inspections in which further enforcement action was taken in tabular form; the procedure for deeming that a property is unfit; and if he will make a statement on the matter. [27028/22]

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

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, fire safety and the safety of gas, oil and electrical installations. 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.

If a property is found to be non-compliant with the Regulations, it is a matter for the Local Authority to determine what action is necessary and appropriate, including the issuing of an Improvement Letter, the serving of Improvement Notice and Prohibition Notices, or further legal recourse. 

Under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, a housing authority may serve 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. 

To aid increased inspections of properties and ensure greater compliance with the Regulations, increased Exchequer funding has been made available to local authorities since 2018 to enable them to build inspection capacity, with payments based on the number of inspections undertaken. Significant progress was made across the sector. The number of inspections more than doubled from 19,645 in 2017 to 40,728 in 2019. However, given the need for inspectors to enter tenants’ homes, pandemic restrictions have greatly impacted on inspection activity since March 2020. The number of inspections undertaken in 2020 fell to 25,703 and 20,240 in 2021.

Housing for All sets a target for the inspection of rental properties, which is 25% of all private residential tenancies. My officials have written to all 31 local authority Chief Executives seeking detailed implementation plans, outlining their plans for 2022 with a clear focus on for example, how they intend to achieve their targets and the approach they plan to take to ensure proper and effective enforcement. If a property has been found to be non-compliant with the regulations, it is a matter for the local authority to determine what action is necessary and appropriate, including the issuing of an improvement letter, the serving of improvement or prohibition notices, or further legal recourse. My Department will work closely throughout the year with the sector to support the achievement of these targets, and ensure effective enforcement. 

The number of private rental inspections undertaken, improvement letters issued and improvement and prohibition notices served in the years 2018, 2019, 2020, 2021 and Quarter 1 of 2022 is set out in the table below: