Rental issues must be tackled

As more people are renting, the issue of antisocial behaviour is also growing, writes Jan O’Sullivan

SINCE the Irish Examiner broke the story recently that I intend to introduce changes to proposed legislation to tackle antisocial behaviour in private rented housing, I’ve been inundated by messages of support from across the country.

The individual stories of lives and communities rent asunder by a tiny minority who engage in persistent antisocial behaviour are moving. We all rightly aspire to a secure home and a safe community where young and old can work together to build a better place to live. In the past week I’ve heard first-hand of incidences across the country where a tiny minority can undermine this.

The response I’ve received in the past week makes me more determined to use every avenue available to me as housing minister to ensure that the balance of rights lies firmly with law-abiding citizens who want to contribute to their community, not with the small number who couldn’t care less about their neighbours.

There is no simple solution to the problem of antisocial behaviour. A comprehensive response needs to incorporate a range of actions — legal reform, community-based responses, and access to mediation for instance.

What I intend to do in the coming weeks is to introduce an amendment to the Residential Tenancies Bill that is going through the Oireachtas.

The two changes I’ll introduce will facilitate community responses to persistent antisocial behaviour in private rented accommodation.

First off I’ll propose an amendment that will make it clear that residents’ associations and neighbourhood watch groups can bring antisocial behaviour cases before the Residential Tenancies Board. At present it is possible for so-called third parties to lodge complaints but the numbers doing so are low — just 3% of cases, according to the PRTB’s 2010 annual report. By explicitly referring to residents’ associations and neighbourhood watch groups in the legislation, their standing to take cases will be explicit.

I also hope the media attention this issue has generated in the past week will increase awareness of the options open to community groups.

Secondly I’m proposing to remove the requirement on a complainant to try and resolve an issue of antisocial behaviour with both the landlord and the tenant. Confronting a tenant, particularly one who is causing persistent distress in a community, can be an intimidating prospect, so removing that requirement is important. In the future an individual or group will only have to show that they tried to resolve the issue with the landlord before lodging a case with the PRTB.

In essence I’m placing the onus to ensure good behaviour squarely with the landlord.

Judging by the response I’ve received, these are welcome changes. It is also important to note that landlords do have enhanced protections when tackling antisocial behaviour and in serious cases they can terminate a tenancy with just seven days’ notice.

The changes won’t affect the thousands of conscientious, decent landlords — but it will force the small minority of cowboys who ignore the local community to clean up their act.

As I’ve said, this is just one response to antisocial behaviour. It isn’t a panacea and I’ve never claimed it was. But it is a positive step.

WITH the significant increase in the number of people renting (from 11% to almost 20% over the last five or six years) it is vital that the private rented sector is properly regulated so that tenants, landlords, and neighbours know their rights and their responsibilities.

With that in mind I am committed to using the legislation currently going through the Oireachtas to provide for a deposit protection scheme for tenants.

The vast majority of landlords return deposits, but of the cases that are brought to the PRTB those involving the withholding of deposits at the end of a tenancy are by far the most prevalent. When Labour was in opposition, my Dáil colleague Ciaran Lynch strongly argued for a deposit protection scheme and I intend to deliver on that promise.

I’ll also strengthen provisions that will allow for a quicker process to deal with tenants who deliberately withhold the rent.

Renters deserve a modern system of regulation, one that will encourage institutional investors into the Irish rental market. In most European countries, pension funds invest in well-maintained, long-term rental opportunities. It gives the fund a reasonable return over a number of decades and also gives tenants the security they need to consider renting as a long-term prospect.

I don’t want to dictate to people what their choice of housing should be. The obsession of previous administrations, together with the banking sector and others, to drive people into purchasing houses was one of the root causes of the banking and property collapse. I believe people are big and bold enough to make the decision that is right for them — be that purchasing or renting.

What I do want to achieve is that whatever option people choose, that their basic right to live in a secure, safe community is protected.

*Jan O’Sullivan is housing and planning minister