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Review of the Residential Tenancies Act 2004  - Public Consultation

The Department of the Environment, Heritage and Local Government is currently reviewing the provisions of the Residential Tenancies Act 2004 and public comments are now sought.


Residential Tenancies Act 2004


The Residential Tenancies Act of 2004 instituted a comprehensive reform of the private rental sector and as part of that the Private Residential Tenancies Board was established in 2004. Additionally, the Act set out a modern legislative code that strengthened tenants’ rights and supported a more professional approach by landlords.


Residental Tenancies Act 2004



 
Private Residential Tenancies Board (PRTB)

 
The PRTB was established as an independent statutory body in September 2004 and its principal functions are:

  • the operation of a national registration system for private rental tenancies,
  • the resolution of disputes between tenants and landlords, and
  • the provision of information, assistance and advice to the Minister and to the general private rental sector.


At 30 April 2009, over 221,000 active tenancies were registered with the PRTB, representing 107,500 landlords and more than 379,000 tenants.

During 2007 the PRTB received almost 1,500 dispute applications for determination, and slightly in excess of that in 2008.  These disputes are in areas such as deposit retention, illegal eviction, rent arrears, anti-social behaviour and various other breaches of landlord or tenant obligations.
 


Review


The purpose of the Review is to consider whether the Residential Tenancies Act 2004 optimally supports the PRTB’s key functions and whether legislative amendments would support either the achievement of additional operational efficiencies or the broader good working of the private rented sector. However, the fundamental balance between landlords’ and tenants’ rights, established by the Residential Tenancies Act 2004, will not be disturbed. The Review will examine the specific issues set out below as well as other issues identified in the course of the Review.

 

Terms of Reference

  1. The scope for enhancing procedural simplicity and efficiency.
  2. To consider the existing Board and Committee structure and the functional relationship between the Board and Executive.
  3. To consider the relationship between the Minister/Department and the PRTB.
  4. Legislative issues, including proposals already made by the Board, and to examine the need for additional legislative provisions arising from the review.




Opinions, Comments


Comments should be returned BY FRIDAY 10 JULY 2009, to Private Housing Section, Custom House, Dublin 1, 01 – 8882309/8882258, email: private.housing@environ.ie

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