Boyhan calls for overhaul of RTB act

He said that the Residential Tenancies Act 2004 needs to be “comprehensively reviewed and updated.”

“Currently, council tenants have no direct recourse to the Residential Tenancies Board; this is an issue that has been highlighted by the Housing Commission.”

“My call is based on the Housing Commission report recommendations which state that council tenants should also have access to a third-party complaint’s procedure. They must be given full access to the Residential Tenancies Board (RTB).”

“City and County Councils are the biggest suppliers of rental housing in the country. In 2022, more than 150,000 households rented from councils, according to data from the Central Statistics Office. In effect, local authorities are the biggest landlords, and they should be treated as such and obligated in law to fully comply with landlord and tenant regulations and legislation.”

The Southside Senator noted “the law governing the rights and responsibilities of social tenants is totally different to that of private tenants – it’s a whole different regime. This is unacceptable and it needs to be changed.”

“I am seeking to ensure equality and equal access to pursue landlords in both the public and private sector and address poor standards in the rental sector. At the moment, social housing tenants can complain to councillors or to the Ombudsman or turn to the courts – but the latter option can be expensive and time-consuming.”

“The RTB is currently focused on improving the level of service it offers to landlords and tenants in the private rental sector including approved housing bodies, student-specific accommodation and the cost rental sectors. So now would be an appropriate time to look at expanding its remit to cover local authority tenants. I believe this could be the next step in regulating the landlord functions of local authority-owned dwellings and formalise the local authority/tenant relationship.”

Boyhan said that with landlord and tenant rights come responsibilities on both sides. The council must guarantee that their accommodation is certified and meets the highest standards before being let. Council tenants must comply with regulations, pay their rent and not engage in anti-social behaviour.

“Councillors and community activist continuously raise concerns about shortcomings in council repairs and maintenance. If all councils were required to register their properties with a reformed RTB this would allow our councillors to provide better representation to their constituents and address poor standards within the sector,” he said.

“Currently, council tenants have no right to independent inspections of their homes, and no independent adjudicator for complaints, apart from the Ombudsman. Tenants should have a right to complain to the RTB, but the council should also have the right to take a tenant to the RTB, for example, for non-payment of rent or antisocial behaviour.”

“I am calling on the Government to fully resource our 31 City and Councils to maintain public housing standards and a full debate to examine line by line the recommendations of the Housing Commission. Everyone living in social house has a right to request an inspection by their landlord, the right to complain and the expectation that a remedy will be forthcoming in a timely manner.”