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Dáil

Written answer

Housing Policy

219. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage the enforcement mechanisms available to local authorities in instances where a landlord does not carry out necessary maintenance works in a HAP property; particularly in circumstances where the nature of the maintenance is potentially harmful to the tenant such as broken water supply, broken heating system, broken access windows or doors, severe mould issues and so on; and if he will make a statement on the matter. [42234/24]

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220. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage to outline the rights a HAP tenant has when a landlord does carry out necessary maintenance work; who is responsible for the enforcement of these rights; and if he will make a statement on the matter. [42235/24]

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221. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage the number of HAP properties that have been removed from the system in each year since the HAP system was introduced due to breaches in the minimum standards; and if he will make a statement on the matter. [42236/24]

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Darragh O'Brien Minister for Housing, Local Government and Heritage Fianna Fáil

I propose to take Questions Nos. 219 to 221, inclusive, together.

The standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, fire safety and the safety of gas, oil and electrical supplies. These Regulations apply to all properties let or available for let, including those where the tenancy is Housing Assistance Payment (HAP) supported. All landlords, have a legal obligation to ensure that their rented properties comply with the standards set down in the Regulations.

The HAP scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of HAP support being provided in relation to a particular dwelling, if the dwelling was not already inspected within the previous 12 months. Local authorities carry out HAP inspections as part of their overall private rented inspections programme.

Responsibility for the enforcement of the Housing (Standards for Rented Houses) Regulations 2019 in the private rental sector, including those dwellings with HAP supported tenancies, rests with the relevant local authority.

Failure to comply with the standards can result in penalties and prosecution. Local authorities can issue Improvement Notices and Prohibition Notices to landlords who breach the rental standards. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations.

In the case of a Prohibition Notice being enforced, a local authority may provide, or continue to provide, HAP in respect of that property for a period of 13 weeks, to enable the household to find an alternative dwelling.

My Department collates data on an annual basis in respect of all private rental inspections and the data from 2005 to 2023 is available at the link below.www.gov.ie/en/publication/da3fe-private-housing-market-statistics/#private-rented-inspections

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