Housing Standards and Inspections

Minimum standards for rental accommodation are prescribed by means of Regulations made under Section 18 of the Housing (Miscellaneous Provisions) Act, 1992, as amended by Section 8 of the Housing (Miscellaneous Provisions) Act, 2009.

The current relevant standards are set out under:

• Housing (Standards for Rented Houses) Regulations 2019 (S.I. No.137).

The Regulations took effect in their entirety for all rented properties from 1 May 2019 and replaced previous standards:

• Housing (Standards for Rented Houses) Regulations 2017 (S.I. No.17).
• Housing (Standards for Rented Houses) Regulations 2008 (S.I. 534/2008)
• Housing (Standards for Rented Houses) (Amendment) Regulations 2009 (S.I. No. 462 of 2009).

The Regulations do not apply to houses let for the purpose of a holiday, Housing Authority demountable houses and communal type accommodation provided by the Health Services Executive and certain approved non-profit or voluntary bodies. With the exception of Article 7 (Food Preparation, Storage and Laundry) – the Regulations also apply to houses let by Housing Authorities and Approved Housing Body.

Main Provisions of the 2019 Regulations:

These regulations specify requirements in relation to:

• Structural Condition
• Sanitary Facilities
• Heating Facilities
• Food Preparation and Storage and Laundry
• Ventilation
• Lighting
• Fire Safety
• Refuse Facilities
• Electricity, Oil and Gas

Main additional requirements effective from 1 May 2019 (2019 Regulations):

• For leases of more than 10 years, provide facilities for the installation of cooking equipment.

Further information on the relevant legislation may be obtained on www.environ.ie or www.irishstatutebook.ie

Inspections of Private Rented Accommodation

Local Authority inspectors are “authorised persons” who are empowered to inspect a private rented house under the aforementioned legislation. Roscommon Co Co has an active inspections programme ongoing in this area.  

Enforcement of Housing Standards

All landlords have a legal obligation to ensure that their rented properties comply with the aforementioned Regulations and responsibility for the enforcement of the Regulations rests with the relevant Local Authority. Landlords failing to comply with their legal obligations in private rented accommodation are liable to be prosecuted, and on conviction, may be subject to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, along with a daily fine of €400 for a continuing offence.

Dealing with Complaints

Tenants occupying accommodation not meeting the relevant standards should, in the first instance, contact the landlord in order to give the landlord an opportunity to put the matter right. If a tenant has notified the landlord regarding the need for repairs, but the problem has not been rectified by the landlord, then the tenant can chose to refer the matter to the Housing Department for investigation. When contacting the Housing Department, the tenant should provide their full name, address and telephone number/mobile number along with full details of their concerns/query. The name, address and contact details for the landlord should also be provided.

Complaints cannot be dealt with when:

• They are anonymous
• The matter does not relate to housing standards
• There is insufficient information given to investigate
• If it is the opinion of the Housing Section that the complaint requires further investigation, then an appointment will be made to inspect the relevant property and further action initiated if      warranted. 

Rent Book Regulations

Landlords are obliged to provide tenants with a “rent book” (or other documentation serving the same purpose) at the commencement of a tenancy. This applies to dwellings rented by private landlords, voluntary bodies, local authorities and employers. The requirement to provide a rent book is set down under:

• Housing (Rent Books) Regulations 1993
• Housing (Rent Books) Regulations (Amendment) Regulations 2004)
• Housing (Rent Books) Regulations (Amendment) Regulations 2010)
• (Made under Section 17) of the Housing (Miscellaneous Provisions) Act 1992.
• Further information on the relevant legislation may be obtained on www.environ.ie or www.irishstatutebook.ie

Further Information : Please view the Related Documents