Paul Kehoe (Wexford, Fine Gael)
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525. To ask the Minister for Housing, Planning, and Local Government if there are regulations in relation to the level of insurance cover on a property rented to a local authority through the rental accommodation scheme; and if he will make a statement on the matter. [30187/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Rental Accommodation Scheme (RAS) involves a three way contractual relationship between landlord, tenant and the local authority with each party having their own responsibilities.

Accommodation provided under RAS is governed by the terms of the Residential Tenancies Acts (RTA) 2004 to 2021, as amended.

Section 12(1)(c) of the RTA sets out in legislation the requirements for a landlord to maintain a policy of insurance on the property. Please find the relevant legislation at the following link www.irishstatutebook.ie/eli/2004/act/27/section/12/enacted/en/html

A tenant may also decide to insure items that they bring into the building against loss or theft, but there is no requirement to do so.

Brendan Griffin (Kerry, Fine Gael)
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526. To ask the Minister for Housing, Planning, and Local Government if he will provide a derogation to a family (details supplied) in County Kerry to allow the family to purchase their social house; and if he will make a statement on the matter. [30195/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Tenant Purchase Scheme provides for the purchase by eligible tenants, or joint tenants, of local authority homes available for sale under the scheme. Applicants must meet certain criteria, including minimum reckonable income and minimum time in receipt of social housing supports, to be eligible.

The scheme was reviewed in 2021 in line with Programme for Government and Housing for All commitments. The Government approved a number of amendments on foot of the review and these came into effect on 1st February 2022. Local authorities were formally advised of these amendments on 12 January 2022.

The minimum reckonable income required to be eligible under the scheme reduced from €15,000 to €12,500. The time an applicant is required to be in receipt of social housing supports to be able to apply under the scheme has increased from one to ten years. Applications received by local authorities prior to 1 February 2022 should be assessed with reference to the regulations and requirements in place at the time, with applications received after 1 February 2022 assessed in accordance with the new requirements.

Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions. I am also precluded by housing legislation from intervening in relation to the procedures followed, or decisions made, by local authorities in relation to the operation of the scheme.

Denise Mitchell (Dublin Bay North, Sinn Fein)
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527. To ask the Minister for Housing, Planning, and Local Government if his Department will reconsider the refused application by a person (details supplied) for a housing assistance payment.; and if he will make a statement on the matter. [30200/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.

In order for housing assistance to be provided under the Act the housing authority must be satisfied that the tenancy concerned is or would be a tenancy in good faith. Where there is a family relationship between the tenant and the landlord, the housing authority may seek evidence of a previous landlord and tenant relationship between a landlord and the HAP applicant. This evidence may include:

Proof of rent payments;

A lease or tenancy agreement for the property; and

Registration of the tenancy with the Residential Tenancies Board.

In order for a housing authority to be satisfied that a tenancy is or would be in good faith; the onus is on the applicant and landlord to prove that what is being proposed is a bona fide tenancy. Ultimately, it is the responsibility of the housing authority to make a decision in each individual case.