Written answers

Tuesday, 4 October 2022

Department of Housing, Planning, and Local Government

Rental Sector

Photo of Francis Noel DuffyFrancis Noel Duffy (Dublin South West, Green Party)
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283. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to reports landlords are demanding cash-only payments; and if any actions are in place to monitor and prevent this. [48219/22]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2022 regulate 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.

Section 16 of the Acts specifies the obligations of a tenant which include the payment of rent.

The requirement to provide a rent book is set out in the Housing (Rent Books) Regulations 1993, as amended.

The Regulations require that where:

(a) payment is handed in person by the tenant, the landlord shall on receipt, either

(i) record in the rent book the amount, purpose and date of the payment and the period to which it relates, or

(ii) provide the person making the payment with a receipt stating the amount, purpose and date of the payment and the house and period to which the payment relates, or

(b) the payment is made other than in person, the landlord shall, not more than 3 months after receipt, either—

(i) record in the rent book the amount, purpose and date of the payment and the period to which it relates, or

(ii) provide the tenant with a written statement of the amount, purpose and date of the payment, and

the landlord shall sign each record made and receipt provided in accordance with these Regulations.

Photo of Francis Noel DuffyFrancis Noel Duffy (Dublin South West, Green Party)
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284. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to reports student tenants are not speaking out against mistreatment by landlords due to fear of being reprimanded; and if any measures are being taken to support this vulnerable cohort. [48220/22]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2022 (RTA) regulate the landlord-tenant relationship in the rented residential sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies (Amendment) Act 2019 extended the remit of the RTB to cover student licences and tenancies in student-specific accommodation.

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

Section 12(1)(a) of the RTA obliges a landlord to “allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling”. A landlord is only allowed to enter the property with the tenant’s permission or in an emergency. Where a landlord fails to carry out any of their obligations under the Acts, a dispute may be referred to the RTB for resolution.

Section 14 of the Act provides that a landlord of a dwelling shall not penalise a tenant for referring any dispute between the tenant and the landlord to the RTB for resolution or for giving evidence in any proceedings under Part 6 of the Act (Dispute Resolution).

I would encourage students who feel they have been mistreated by their landlords to contact the RTB. The RTB’s dispute resolution service includes a free and highly successful mediation service. Disputes can also be determined by an independent adjudicator for a small fee.

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