Bríd Smith (Dublin South Central, People Before Profit Alliance)
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523. To ask the Minister for Housing, Planning, and Local Government if he will clarify the way accommodation standards in tenancies that are supported by HAP/RAS payments are enforced; the number of payments to landlords that have been stopped in the past two years due to the accommodation being judged as not suitable for the tenant; the number of tenants who were refused HAP/RAS support prior to commencing a tenancy due to the accommodation being judged as inadequate; and if he will make a statement on the matter. [63966/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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A key principle of the Housing Assistance Payment (HAP) scheme is that eligible households source their own accommodation in the private rented sector, which best suits their needs, in their area of choice

The minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and apply to all dwellings that are let or available to let, including those where the tenancy is supported by HAP or the Rental Accommodation Scheme (RAS). All landlords have a legal obligation to ensure that their rented properties comply with these Regulations. Responsibility for enforcement of the Regulations rests with the relevant local authority.

The HAP scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of HAP support being provided in relation to a particular dwelling, if the dwelling was not already inspected within the previous 12 months. Local authorities carry out HAP inspections as part of their overall private rented inspections programme.

The HAP legislation provides a very structured, time bound system where serious lack of compliance exists and can result in termination of HAP payment.

Failure to comply with the minimum standards can result in penalties and prosecution. Local authorities can issue Improvement Notices and Prohibition Notices to landlords who breach the minimum standards regulations. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations.

In the case of a Prohibition Notice being enforced, a local authority may provide, or continue to provide, HAP in respect of that property for a period of 13 weeks, to enable the household to find an alternative dwelling.

The RAS scheme is delivered by local authorities who source accommodation from both the private market and Approved Housing Bodies.

Where a RAS contract is being set-up, a property inspection must take place prior to a contract being entered into with a new landlord. However, as many RAS properties are occupied while a contract is being negotiated, guidance has been provided to local authorities to assist in the practical implementation and effective enforcement of the prescribed legislation.

Comprehensive data in respect of the number of inspections of all private rental properties, Improvement Letters and Improvement Notices issued, and the legal actions initiated by local authorities in the period 2005 to 2021 is available on my Department's website at the following link:

www.gov.ie/en/publication/da3fe-private-housing-market-statistics/.