PRTB

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Minister Michael Finneran announces significant changes to Private Residential Tenancies Board (PRTB) legislation

focus on streamlining & expediting service delivery

 

Michael Finneran T.D., Minister for Housing and Local Services, announced the preliminary results of his review of the Residential Tenancies Act. The review, which commenced in April this year, was conducted by his Department and makes recommendations in a number of key areas with an overall emphasis on streamlining and simplifying the Act and reducing delays.   

 

“The PRTB has achieved considerable success since it was established 5 years ago, but there is a lot more to be done”, the Minister said. “The current legislation is complicated and does not always best support the PRTB in the speedy delivery of its services. A range of issues still remain to be considered but I am committed to initiating a comprehensive piece of amending legislation within the next 12 months”, he added.

 

Among the main issues that will be addressed by the amending legislation are

·         A statutory objective of 6 months to be set for the issuing of determination orders arising out of dispute resolution applications

·         The Board of the PRTB to be reduced from 15 to 12 members

·         The introduction of fixed fines where deposits are illegally retained by landlords

·         Measures to address non-payment of rent by tenants during a dispute process, in particular to introduce scope for the legal termination of such a tenancy.

·         Measures that will encourage the greater use of mediation as a means of settling disputes

·         The separation of the governance and quasi-judicial functions of the Board

·         The simplification of procedures in general, including those for the registration and termination of tenancies

·         The inclusion within the remit of the Residential Tenancies Act of those segments of the voluntary and co-operative housing sector that most closely parallel the current remit of the RTA, i.e. standard social housing.

 

A number of issues requiring further research, including third party complaints under the Act, the Act’s engagement with anti-social behaviour matters and how best to address issues surrounding the retention of deposits, will also be considered in detail.

 

Speaking today at a meeting with recently-appointed members of the Board of the PRTB the Minister also said that his Department will examine all opportunities for the introduction of time and procedural efficiencies in the Act. The Department will now begin work on drafting a comprehensive revision to the Residential Tenancies Act with the intention of presenting a draft Bill to Government before the end of 2010. Minister Finneran commented, “When I announced this review I emphasised the need to amend the Act in order to enhance the operational efficiency with which the PRTB does its work. Today’s proposals will achieve that goal and will best equip the PRTB to meet head on the challenges it faces. I look forward to working closely with the PRTB and other stakeholders over the next year to produce the best possible legislation to further enhance the regulatory environment governing the private rented sector.”

 ENDS 

  

 Amendments to the Residential Tenancies Act 2004  

The IPOA recently submitted a submission to the Department of Environment in respect of amendments and legislative changes that are required to ensure that registration and disputes are dealt with in a quicker more efficient manner.   A copy of the submission is available by clicking here .

 

PRTB  NEW ADDRESS - CITY CENTRE

The Private Residential Tenancies Board has moved from Canal House, they are now located in the city centre.

Floor 2,

O'Connell Bridge House,

D'Olier Street,

Dublin 2.

01-6350600

They no longer have a public office.

 

Rent Tribunal

The transfer of secretariat and administrative functions of the Rent Tribunal from the Department of Environment, Heritage and Local Government to the PRTB took place 1^st October 2009.  

 The Rent Tribunal, established in August 1983, was set up to fix the terms of tenancy including the rent of the dwellings formally controlled under the Rent Restrictions Acts 1960-1981.  The Tribunal may determine new cases or may review cases previously determined by the District court or by the Tribunal itself. The Tribunal determines applications on the basis of written submissions made and can include Oral hearings.

Important Changes to Tenancy Registration Requirements

Part 7 of the Housing (Miscellaneous Provisions) Act 2009 (which came into law on the 15th July 2009) contained a number of amendments to the Residential Tenancies Act 2004. 

In relation to the amendment to Section 135 (5) of the Act and its implementation by the PRTB, a landlord has 1 month from the tenancy commencement date to apply to the PRTB to register a tenancy. If the form submitted is incomplete it will be returned by the PRTB and the late fee will apply unless it is resubmitted within the month.  However, in view of the current backlogs in registrations the Board have decided to adopt a practical approach in relation to the change in legislation as it relates to the late fee until such time as the online system is up and running in early 2010.  

    Section 135 (2) of the Residential Tenancies Act has been deleted. This removes the requirement for landlord and tenant signatures on the tenancy registration form and was introduced to facilitate online registration due to be introduced in 2010. However, please do bear in mind that this only applies to applications which were received after the commencement of the legislation, ie the 15th of July 2009.