Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

173. To ask the Minister for Housing, Planning, and Local Government to provide a detailed breakdown of the number of prosecutions for non-compliance with improvement and prohibition notices issued under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, in each of the past ten years; the fines imposed and the instances where custodial sentences were given; and if he will make a statement on the matter. [27635/24]

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

174. To ask the Minister for Housing, Planning, and Local Government to direct local authorities to publish detailed annual reports on enforcement activities, including the number of improvement and prohibition notices issued, the number of prosecutions, fines imposed, custodial sentences given, and compensation claims awarded, as per the Housing (Miscellaneous Provisions) Act 1992 and Housing (Standards for Rented Houses) Regulations 2019; and if he will make a statement on the matter. [27636/24]

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

175. To ask the Minister for Housing, Planning, and Local Government if he will provide the statistics on the enforcement actions taken by local authorities under the Housing (Miscellaneous Provisions) Act 1992, specifying the number of cases leading to improvement notices, prohibition notices, prosecutions, fines, custodial sentences, and compensation claims, broken down by year for the past decade, in tabular form; and if he will make a statement on the matter. [27638/24]

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

177. To ask the Minister for Housing, Planning, and Local Government to clarify the role of the Residential Tenancies Board in enforcing improvement and prohibition notices and resolving disputes related to non-compliance with the Housing (Standards for Rented Houses) Regulations 2019; to provide data on cases of this kind handled by the RTB over the past ten years; and if he will make a statement on the matter. [27646/24]

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

179. To ask the Minister for Housing, Planning, and Local Government the measures and penalties in place to enforce compliance among corporate landlords with the Housing (Standards for Rented Houses) Regulations 2019 and the Housing (Miscellaneous Provisions) Act 1992, including any instances of penalties or enforcement actions taken against corporate landlords in the past five years; and if he will make a statement on the matter. [27665/24]

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

180. To ask the Minister for Housing, Planning, and Local Government to direct all local authorities to release detailed data on the enforcement of housing standards, including the number of improvement notices and prohibition notices issued, the number of prosecutions, fines imposed and any custodial sentences given; to ensure transparency and public accountability, in tabular form; and if he will make a statement on the matter. [27666/24]

Michael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

181. To ask the Minister for Housing, Planning, and Local Government the number of successful compensation claims due to non-compliance with improvement and prohibition notices under the Housing (Miscellaneous Provisions) Act 1992, over the past ten years, including the average compensation awarded in each case; and if he will make a statement on the matter. [27677/24]

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

I propose to take Questions Nos. 173 to 175, inclusive, Question No. 177, and Questions Nos. 179 to 181, inclusive, 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. Sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992 provide that 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 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.

Section 18B(10) of the Act (as amended) provides that housing authorities must in the interests of public health and safety bring the contents of a Prohibition Notice to the attention of the public. Housing authorities have a discretion about how they do this, but many publish details on the authorities website.

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 offence continues after conviction, the person will be guilty of a further offence on every day on which the offence continues and for each such offence will be liable, on summary conviction, to a fine not exceeding €400 per day.

Neither my Department nor the Residential Tenancies Board (RTB) has an operational role in relation to enforcement matters under these regulations.

The Government is committed to ensuring that a stock of high quality accommodation is available for those who live in the private rented sector. 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 and the number of legal actions initiated by each local authority is available on my Department's website at the following link:

Data in respect of any fines imposed, sentences given, compensation awarded or cases where a non-compliant dwelling was owned by a corporate landlord is not provided to my Department by local authorities.

The 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, including disputes in respect of the maintenance of dwellings and landlord obligations. 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.