Catherine Connolly (Galway West, Independent)
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602. To ask the Minister for Housing, Planning, and Local Government his plans to introduce regulations to provide for a deposit retention scheme under section 61 of the Residential Tenancies (Amendment) Act 2015; the timeline for same; the measures being taken to strengthen tenants’ rights in respect of deposits; and if he will make a statement on the matter. [39659/25]

James Browne (Wexford, Fianna Fail)
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The Residential Tenancies (Amendment) Act 2015 provided for the development of a deposit protection scheme to be operated by the Residential Tenancies Board (RTB). However, significant changes have taken place in the rental market since this legislation was passed. It should be noted that, unlike many other jurisdictions examined, Ireland already has a well-established quasi-judicial dispute resolution process in place where the RTB offers a dispute resolution process to landlords and tenants and any deposit protection scheme will continue to require access to such a resolution process.

Section 12(1)(d) of the RTA provides that, subject to certain conditions, a landlord shall return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease.

The Residential Tenancies (No. 2) Act 2021 provides that, from August 2021, 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 has been restricted 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).

Where there is a dispute regarding the retention or refund of a deposit, the tenant may bring a dispute to the Residential Tenancies Board (RTB) for resolution. www.rtb.ie/dispute-resolution-services/submitting-a-complaint-vs-submitting-a-dispute.

The Housing for All Action Plan Update published in November 2022, included an action to examine the creation of a system of holding rental deposits, informed by best international experience. The primary aim of this examination is to provide an international comparison of different models of deposit protection, with a view to drawing lessons prior to the possible implementation of a deposit protection scheme in Ireland.

The Housing Agency has completed an examination in line with the Housing for All action and I am presently considering its contents and the options the Agency has outlined. It is important that any new measures introduced in the rental sector are done so in a fair, measured and balanced manner.