The following is updated information relating to the Voluntary Housing Sector and its inclusion under the remit of the Residential Tenancies Board. The Bill is currently going through the Dail and it is likely it will be enacted by the end of 2014, with the implementation occurring during 2015.
The ICSH has sought appropriate considerations for the sector around the cost of tenancy registration as well as an appropriate lead in time in order to allow the sector to adapt the necessary policies and procedures. The ICSH intend to provide on-going support to members in the run up to and during the transitional period following the enactment of the bill.
Residential Tenancies Amendment Bill 2012
The Residential Tenancies Amendment Bill was published in July 2012. This Bill amends the 2004 Residential Tenancies Act and brings tenancies within the Voluntary Housing Sector under the remit of the Residential Tenancies Board for the first time. The Residential Tenancies Board was initially formed for the private rented sector in 2004 to provide a system of obligatory tenancy registration as well as dispute resolution for tenants of private sector landlords.
The move to bring the Voluntary Housing Sector under the remit of the Residential Tenancies Board was first announced in 2009 by then Minister for Housing Michael Finneran. It is part of a wider move by the Department of the Environment Community and Local Government around the regulation of the sector and the alignment of rights for public and private sector tenants. The current Minister for Housing, Jan O’ Sullivan TD, announced recently the intention to include Local Authority tenancies under the remit of the RTB in the future.
What does this mean for the Voluntary Housing Sector?
Approximately 12 months after the enactment of the bill housing associations will be required to register each of their tenancies with the Residential Tenancies Board. This will allow housing associations and their tenant’s access to the dispute resolution services, such as mediation and adjudication, which are currently open to the private sector tenancies.
- The Act will bring about an obligatory process of tenancy registration
- There will be a cost for the registration of individual tenancies and tenancy relets.
- Tenancy registration can currently be done online and by post.
- The landlord is specifically responsible for tenancy registration and will be required to provide the RTB with information such as the PPS number of the landlord and the tenant, when the tenancy started, how much rent is payable ect.
The fee for the re-registration of tenancies every 4 years, as per the 2004 Act, will not apply to the sector, currently private landlords have to pay a fee to re-register tenancies every four years, the ICSH have successfully advocated that this should not apply to the Voluntary Housing Sector.
Currently the DECLG are stating that the sector will receive a reduction in tenancy registration cost, €45.00 for the initial registration of tenancies for and then €90.00 thereafter for each new tenancy or re-let. The ICSH will continue to advocate around the issue of costs on the sectors behalf.
Previous Exemption
The Bill, once enacted, will cover all tenancies within the Voluntary Housing Sector. License agreements will continue to be outside of the act (ie hostel type accommodation or those who do not have exclusive possession of their accommodation).
An initial wording of the bill published in July stated that tenants receiving particular supports and services would not come under the remit of the Residential Tenancies Board. This was met with strong opposition within the Oireachtas, by special needs housing providers, and disability groups who advocated that all tenants should come under the remit of the RTB regardless of their needs and access of services and supports.
There was a process of consultation on this issue within the ICSH RTA Working Group, Special-needs Housing and Support Services Subcommittee as well as the Management and Development Subcommittee, in advance of the board , in December, to support the inclusion of tenancies receiving care and supports under the remit of the RTB.
The ICSH will continue to advocate the DECLG on behalf of all members regarding the necessary supports for the sector in order to comply with the legislation.
The ICSH has sought the following on behalf of members:
- The ICSH have obtained a reduction to €45.00 for the initial registration of tenancies,with €90.00 for each re-let and new tenancy thereafter. The ICSH will continue to advocate around this issue
- An appropriate lead in time for the sector in order to adapt the policies and procedures necessary for compliance with the legislation. The ICSH are looking for a minimum of 1 year for the sector, post enactment of the bill, to enable housing associations to adapt the necessary tenancy agreement, policies and procedures.
- Appropriate support for the voluntary led housing associations, in recognition of the impact this bill will have on the time and resources of volunteers. The ICSH have arranged for the Minister for Housing to meet several voluntary led associations around the impact of the legislation on volunteers.
- The ICSH plan to support members fully during this transitional period and will be providing members with guidance and information sessions, as well as an appropriate tenancy agreement template and the necessary polices that will be required.
If you have any further queries on this issue please contact Kevin Ryan, ICSH Compliance Co-ordinator on kevin@icsh.ie.
