New test to ensure landlords maintain properties

LANDLORDS who don’t maintain their properties could be hauled before the courts in a local test of new national legislation.

Cork’s city manager Joe Gavin said while the city council already had considerable powers to regulate the rental sector, he said he was willing to test new legislation by taking a test case to court.

His comments followed complaints from Labour Councillor Michael Ahern that City Hall was not doing enough to tackle badly maintained rented properties in Cork suburbs.

He said Cork City Council didn’t have enough powers to tackle landlords who didn’t maintain their properties.

“Some rented houses stand out in estates because of their neglect. This is a local problem, this is local government and we can’t solve the problem,” Cllr Ahern said.

Overgrown gardens, shabby and undecorated facades, overflowing rubbish bins and noise levels were the main problems, he said.

He called for the introduction of bylaws to deal with the issues.

But Mr Gavin said the council already had considerable powers to tackle each of these areas.

The Residential Tenancies Act, 2004, national legislation to regulate the rented housing sector was enacted recently, he said.

A section in the act requires landlords to carry out any repairs that are necessary in order to comply with housing standards set out in the Housing (Standards for Rented Houses) Regulations, 1992.

This obligation includes compliance with the standards set out in the Housing (Standards for Rented Houses) Regulations, 1993.

Under the act, landlords must ensure their properties are structurally sound, with roof, floors, ceilings, walls and stairs in good repair.

Another section of the act requires that landlords must carry out repairs and replacements of internal fittings whenever needed, and to a certain standard.

Mr Gavin said the council also had powers to deal with people who didn’t dispose of rubbish correctly.

Private citizens affected by noise levels from any type of property can pursue cases through the District Courts, Mr Gavin said.

But Cllr Ahern said enforcement was not as good as it should be, and called for the new legislation to be tested.

Mr Gavin told Cllr Ahern he would be happy to take a test case against any landlord who did not ensure his properties were maintained.

Landlords are obliged to register properties with the local authority.