Cian O'Callaghan (Dublin Bay North, Social Democrats)
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194. To ask the Minister for Housing, Planning, and Local Government the number of prosecutions that have taken place for failure to make the necessary improvements in the past ten years in relation to improvement and prohibition notices, broken down by year; the fine that was imposed; if a custodial sentence was given; and if he will make a statement on the matter. [26157/24]

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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195. To ask the Minister for Housing, Planning, and Local Government if successful claims for compensation have taken place due to inaction in making necessary repairs as instructed by either an enforcement notice or a prohibition notice in relation to improvement and prohibition notices; if so, the number of claims that have taken place; the average compensation awarded; and if he will make a statement on the matter. [26160/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 194 and 195 together.

The standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019. Responsibility for the enforcement of the Regulations in the private rental sector rests with the relevant local authority.

If a property has been found to be non-compliant with the Regulations, it is a matter for the local authority to determine what action is necessary and appropriate. They can issue an Improvement Letter or serve an Improvement Notice. In most cases they opt for the former. Under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, a housing authority may serve an Improvement Notice or Prohibition Notice, respectively, where a property is found to be non-compliant. Failure to comply with the standards can result in penalties and prosecution.

Where a new tenant moves into a property in respect of which an Improvement Notice had previously been served on the landlord, that Improvement Notice remains in force until non-compliant issue are addressed. Where a landlord fails to comply with an Improvement Notice, the local authority may serve a Prohibition Notice (which directs that a dwelling cannot be re-let until all contraventions are remedied) and may consider instituting legal proceedings. These are very seldom required.

Under Section 34 of that Act, any person who by act or omission contravenes the Regulations, fails to comply with an improvement notice, or re-lets a house in breach of a prohibition notice, will be guilty of an offence and will be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both. If the contravention, failure to comply or re-letting is continued after conviction, the person will be guilty of a further offence on every day on which the contravention, failure to comply or re-letting continues and for each such offence will be liable, on summary conviction, to a fine not exceeding €400 per day.

My Department has no operational role in relation to enforcement matters under these regulations, and it is a matter for each local authority to publish statistical information on enforcement matters, and I have no proposals to change these arrangements at present.

The Government is committed to ensuring that a stock of high quality accommodation is available for those who live in the private rented sector. Housing for All sets a target of 25% for the inspection of all private residential tenancies from 2021. A total of €9 million in Exchequer funding is being made available by my Department to local authorities this year to help them meet their private rental inspection targets.

Local authorities conducted over 49,000 inspections of private rented dwellings in 2022 and an all-time high of over 63,500 in 2023. Annual data in respect of the level of inspection and enforcement activity by each local authority is available on my Department's website at the following link: gov.ie/en/publication/da3fe-private-housing-market-statistics/#private-rented-inspections

The Residential Tenancies Board (RTB) was established as quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA) to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Tenants may refer a dispute under Part 6 of the Residential Tenancies Acts 2004 – 2022 to the RTB for resolution where a landlord has failed to adhere to their obligations under section 12.