Neasa Hourigan (Dublin Central, Green Party)
Link to this: Individually | In context | Oireachtas source

140. To ask the Minister for Housing, Planning, and Local Government his plans to bring forward proposals to prevent landlords from skirting the spirit of rent pressure zones by charging tenants additional charges for miscellaneous items such as cleaning, waste disposal and parking; and if he will make a statement on the matter. [48673/22]

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

The Residential Tenancies Acts 2004-2022 (RTA) regulate the landlord-tenant relationship in the private rented sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The Planning and Development (Housing) and Residential Tenancies Act 2016 introduced the Rent Predictability Measure to moderate rent increases in those parts of the country where rents are highest and rising fastest. The Residential Tenancies (No. 2) Act 2021 introduced measures in July 2021 to extend the operation of Rent Pressure Zones (RPZs) until the end of 2024 and prohibit any necessary rent increase in a RPZ from exceeding general inflation, as recorded by the Harmonised Index of Consumer Prices (HICP). The Act also provides that rent reviews outside of RPZs can, until 2025, occur no more frequently than bi-annually.

To address the rent affordability challenges building on foot of the unexpectedly fast rising inflation rate, as recorded by HICP, the Residential Tenancies (Amendment) Act 2021 was enacted to provide, from 11 December 2021, a cap of 2% per annum pro rata on rent increases in RPZs where the inflation rate is higher. In all cases, section 19(1) of the Residential Tenancies Acts 2004-2022 (RTA) prohibits the setting of a rent that exceeds market rent.

Section 16 of the RTA obliges a tenant to pay any charges or taxes in accordance with the lease or tenancy agreement unless they are unlawful or contravene any other enactment.

In general, the question of whether or not a tenant has to pay charges to a landlord depends on the terms of the lease or tenancy agreement. The amount of any such charges, if applicable, is a matter to be agreed between landlord and tenant. Contract law governs such arrangements. The specific terms associated with an individual tenants rights and obligations are likely to be set out in a written contract signed by both the tenant and the landlord.

Comprehensive information including guidance and frequently asked questions in relation to rent reviews and on general tenancy matters is available on the RTB's website - www.rtb.ie. Where there is a disagreement regarding charges payable under a lease or tenancy agreement, the tenant or landlord may refer a dispute to the RTB for resolution.