COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE (2)

Tuesday, December 09, 2008

QUESTION NO. 1

QUESTION: Councillor M. Ardagh

"To ask the Manager what action the Council can take under the Residential Tenancies Act 2004 in relation to the enforcement of a standard of maintenance of a private rented house as local residents are concerned about the manner in which the house is being maintained?"

REPLY:

The inspection of private rented properties to assess their suitablility under the Housing (Standards for Rented Houses) Regulations 1993 still rests with the Local Authority.  The Environmental Health Officers carry out this function on behalf of South Dublin County Council, with the cost being met out of funding received from the Private Residential Tenancies Board (PRTB).  A portion of the tenancy registration fees, paid by landlords to the PRTB, is used to cover the costs associated with the inspection regime.  

When the Rental Accommodation Scheme (RAS) commenced in South Dublin County Council the management of inspections of private rented properties became one of the functions of the RAS Unit.  One of the objectives of RAS was to raise the standard of accommodation available in the private rented market.  Inspections must be carried out on all properties before they can be transferred into RAS. 

At present the Environmental Health Officers are giving priority to inspecting properties which are being contracted into RAS, however, on receipt of complaints about any property, arrangements are made immediately to carry out an inspection to assess whether or not the standards are being met.  The owner is then given a list of any necessary works required to bring the property up to a condition which meets the standards and a time frame within which to carry out the works.  A re-inspection is then arranged and ultimately legal proceedings may be taken if the owner refuses or fails to deal with the necessary works required.

It should be noted that the Housing (Standards for Rented Houses) Regulations 1993 have been reviewed following a public consultation process.  The new regulations are due to take effect on 1st February 2009. 

The ownership of the property referred to in this question has been established and arrangements have been made to contact the owners to arrange an inspection of the property under the Housing (Standards for Rented Houses) Regulations 1993.  Any appropriate action necessary will be taken under the regulations to bring the property up to standard.  It should also be noted that the tenancy details for the property have not been registered with the PRTB according to the most recent data available.  Once the inspection report is received, which will give details of any tenancy associated with the property the PRTB will be notified.  The PRTB has powers under the Residential Tenancies Act 2004 to deal with non registration of tenancies.