Violet-Anne Wynne (Clare, Sinn Fein)
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228. To ask the Minister for Housing, Planning, and Local Government if he will give consideration to the establishment of a statutory rent arrears fund; and if he will make a statement on the matter. [12185/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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In my first year as Minister, I introduced significant tenancy protections under the Residential Tenancies and Valuation Act 2020 with effect from 1 August 2020. The Act provides for enhanced tenancy protections by requiring a landlord to copy the Residential Tenancies Board (RTB) with any 28-day warning notice (doubled from 14 days under that Act) given in writing to their tenant seeking payment of rent arrears and any related notice of termination that might later be served. The Act provides that failure to copy the RTB would invalidate the notice of termination

Upon receipt of the warning notice, the Act requires the RTB to provide information to enable the tenant to get advice from the Money and Budgeting Advice Service (MABS), and to help the tenant to get such advice, if the tenant so wishes. The RTB is also required to provide tenancy information to both the tenant and the landlord upon receipt of a notice of termination grounded on rent arrears. The aim is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.

Tenants are required to continue to observe the normal terms and conditions of their lease including paying rent to their landlord and, in the event of tenants having difficulty doing so, they are encouraged to engage with their landlords at the earliest opportunity. They should also engage with the MABS and the Department of Social Protection as income supports, such as Rent Supplement, are available to assist them.

Given the financial and legislative supports currently available to tenants in difficulty paying their rent, I have no plans to provide for a statutory rent arrears fund. However, the operation of the Residential Tenancies Acts 2004-2022 and the residential rental market are kept under constant review by my Department to ensure that the legislation is fit for purpose. In this regard, under Housing for All, my Department has commenced a review of the Private Rental Sector which will inform Government on the measures which need to be taken to ensure a well-functioning private rental sector in Ireland that works for all.

Violet-Anne Wynne (Clare, Sinn Fein)
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229. To ask the Minister for Housing, Planning, and Local Government the consideration he has given to a deposit protection scheme for tenants and licensees; and if he will make a statement on the matter. [12186/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Action 2.12 of Housing for All requires that, among other things an examination for the creation of a system of holding rental deposits, informed by international experience occurs. This examination has a timeline of Q2 2023. The Residential Tenancies (Amendment) Act 2015 provided for the development of a deposit protection scheme to be operated by the Residential Tenancies Board (RTB).

Section 7 of the Residential Tenancies (No. 2) Act 2021 inserted a new section 19B into the Residential Tenancies Act 2004 which applies to tenancies created on or after 9 August 2021, to restrict the total amount that a tenant is required to pay to a landlord by way of a deposit or an advance rent payment to secure a tenancy to no more than the equivalent of two months’ rent (i.e. any deposit cannot exceed one month’s rent and any advance rent payment cannot exceed one month’s rent). A restriction of the equivalent of one month’s rent is also placed on the amount that a tenant is obliged to pay as a regular advance rent payment to a landlord during a tenancy. These measures are intended to greatly reduce any financial exposure to tenants, on foot of paying such restricted upfront payments.

Significant changes have taken place in the rental market since the Residential Tenancies (Amendment) Act 2015 provided for the establishment of a tenancy deposit protection scheme to be operated by the RTB. A full review of international best practice will be needed with a view to considering whether and how to introduce a re-designed scheme that is fit for purpose and suitable for current and future rental and financial markets.

A thorough examination will occur within the agreed timeline, taking into account all key considerations.