Dáil debates

Thursday, 22 November 2012

Residential Tenancies (Amendment) (No. 2) Bill: Second Stage (Resumed)

 

12:50 pm

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

-----particularly when there is the simple scheme to which I referred. Although I could be wrong, I would guess that the deposit retention scheme that we will see here will be similar to that which applies in the United Kingdom. I stand open to correction on that.

There is also the question of compliance. I have been involved in and advised on cases with the Private Residential Tenancies Board where the party who lost the case simply did not comply the order and stated they would disregard it. The other party had to go to the Circuit Court to enforce the order of the PRTB, involving a return to the courts system the PRTB was created to get away from in the first place. I would have thought that something would have been done about that in this legislation. I also fail to see that. Perhaps it is there and I did not read it properly. When there is increasing non-compliance with orders of the Private Residential Tenancies Board, surely there is something in the Bill to deal with that short of one having to go to the Circuit Court, which defeats the purpose.

Other Members adverted to the problems with rent supplement. I am not blaming the Government exclusively for those problems because I must confess they were there when we were in government and when I was in Cabinet. I tried to persuade the Cabinet, not only once but on several occasions, to bring about some changes, and despite my persuading my colleagues of the necessity for those changes, the changes did not take place and I very much regret that. Those changes should have been made by the previous Government, which had adequate warning. However, the parties which comprise the present Government promised in their election manifestos to change this system, which is a significant issue in urban Ireland, and on the basis of those promises they got many votes.

The changes seem to be timorous and slow in coming. The Minister of State, Deputy O'Sullivan, will be aware, because we represent the same constituency, of what happens if somebody comes to my clinic complaining of a family in receipt of rent allowance, where a large part of their rent is paid for by the taxpayers, occupying a house in the neighbourhood and causing mayhem. Deputy Carey stated that it is only a minority of families who are involved in this. I thank God it is only a minority of families. If they all were behaving the same way, we would have to leave the country. The minority who are causing this mayhem are causing a great deal of grief and suffering for many decent honest persons who have worked all their lives, are trying to pay their mortgages, often with considerable difficulties, and who must put up with this carry-on in addition to all of that. When somebody comes to complain, one's first action is to check with the Private Residential Tenancies Board to see whether this tenancy is registered. I cannot speak for any other part of the country, but in several cases in Limerick, one as late as last week, despite rent supplement being paid, the property was not registered. Perhaps the Minister of State, on the advice of her officials, could explain in her reply how the HSE can justify paying rent supplement in respect of a property that is not even registered. There are dozens of such properties in our constituency alone. If this is a lacuna in the previous law, is there anything in the Bill to change that? If not, there should be.

The obvious next action, even if the tenant is registered, would be to approach the landlord and state that his or her tenants are causing chaos for one's constituents and ask him or her either to give those tenants notice or pull them into line, but one is told that, under the Freedom of Information Acts, they cannot identify the landlord for a TD. It is my experience, following several cases in Limerick, that when the landlord is not identified and one is not told who is the landlord, one cannot approach him or her and the local residents' association cannot either. One is told that one should make a complaint to the Private Residential Tenancies Board, but one must put one's name to the complaint. I can assure the House that, in parts of Limerick, to put one's name to a complaint to the Private Residential Tenancies Board puts the person in mortal danger and for that reason, many such complaints remain unprocessed.

Rather than going through the lengthy, complex and convoluted process of the PRTB and having to name persons upfront, would it not be better if the landlord could be identified in order that we could approach him on behalf of the tenants to try to find a quick resolution? Some years ago there was a great deal of controversy in this country when the European Commission decided to put up on the Internet a list of farmers in receipt of European Union grants, which included their names, addresses and how much they received. Why is there not a register of these private sector landlords to show who they are, where they live and how much the taxpayers are paying them? One is dealing with a daft situation whereby taxpayers are suffering because of the activities of tenants whose rent those same taxpayers are paying. There is no justification for it. I would expect to see the Government moving now, after two years in office, because the parties opposite were not slow in the promises they made about this when they were looking for votes.

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