Thomas Gould (Cork North Central, Sinn Fein)
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146. To ask the Minister for Housing, Planning, and Local Government if he will request the Residential Tenancies Board to publish average query response waiting times. [47399/22]

Paul McAuliffe (Dublin North West, Fianna Fail)
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154. To ask the Minister for Housing, Planning, and Local Government the number of fines issued by the Residential Tenancies Board for non-registration of rental properties for each of the past ten years; and if he will make a statement on the matter. [47560/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 146 and 154 together.

The Residential Tenancies Board (RTB) was established as a quasi-judicial independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.  

In relation to the data sought 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.

Thomas Gould (Cork North Central, Sinn Fein)
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147. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to a survey conducted by an association (details supplied) concerning Residential Tenancies Board registration; and if he will make a statement on the matter. [47400/22]

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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153. To ask the Minister for Housing, Planning, and Local Government if he will engage with the Residential Tenancies Board to ensure a group of residents (details supplied) receive a response to correspondence they sent; and if he will make a statement on the matter. [47464/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 147 and 153 together.

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2022, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Registered landlords and all tenants can apply to the RTB for dispute resolution.

Section 134 of the Acts requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement. All private landlords, Approved Housing Bodies and providers of Student Specific Accommodation are required to register their tenancies with the RTB. Managing the registration of tenancies is a core function of the RTB. This allows the RTB to collect and provide definitive data on the rental sector and for transparency across the rental sector through the public register of tenancies; thus, enabling a better understanding of the sector.

Non-compliance with the requirement to register a tenancy is dealt with by two processes in the RTB, the Registration Enforcement Process or the Investigations and Sanctions Process.

The RTB has registration enforcement powers to pursue landlords who have not complied with their obligation to register their tenancies. Failure to register is an offence which may result in a criminal conviction, a fine of up to €4,000 and/or up to six months imprisonment. The RTB makes every effort to inform landlords of their obligations to register and legal action is taken as a last resort. The RTB, receives information from different sources regarding whether a tenancy is registered or not, including local authorities, members of the public, RTB checks and follow-ups and the Department of Social Protection. 

The RTB also has an Investigations and Sanctions unit dedicated to investigating certain potential breaches of rental law by a landlord referred to as improper conduct under Schedule 2 to the Acts. One of the breaches that can be investigated is a failure to register a tenancy with the RTB within one month of the tenancy commencing. The Investigations and Sanctions Unit can start an investigation either as a result of information received from members of the public or as a result of information gathered from records that the RTB has access to under the Residential Tenancies Acts. If a landlord is found to have engaged in improper conduct, a sanction may be imposed on them by an independent Decision maker which may comprise on or all of the following: a written caution, a monetary sanction of €15,000 and €15,000 in costs.

While I am aware of the issues raised in the residents’ letter to the RTB, it would be inappropriate for me, as Minister, or my Department to provide legal advice, comment on, or to intervene in the specifics of any individual case. However, the RTB has advised my Department that it is in the process of responding to the residents on their most recent correspondence.