Conference of the Isles 2013

‘Mirror Mirror on the Wall: Should the tenants make that call?’Regulation and Scrutiny for Rented HousingJohn O’Connor

29th November, 2013

Summary

• Tenants

• Legislation

• Private Rented Sector

• Approved Housing Bodies

• Local Authorities

• Regulation

• Tenant Participation2

Lets have a look at ourselves- Do we consider tenants?

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Tenants Role?

• Tenants know their housing and communities best.

• They know what is working and what is not.

• What should their role be in regulation and governance?

• Should they be involved in central regulation or challenge landlords more directly through tenant panels?

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Tenant Involvement – from experience in regeneration

• Regeneration Projects

– Creates a focus for tenant involvement

– Critical to project success

– Involvement as opposed to consultation

• The regeneration process is more important than the end result

• Builds tenant capacity

• Manage expectations

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Stakeholders

NAMA / Banks

Residential Tenancies Board

Dept. of Social

ProtectionAdvocacy

Groups

Tenants

Regulation

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Legislation

Legislative Context

• Housing Acts 1966 to 2009

• Regulations made under Housing Acts

• Residential Tenancies Act 2004

• Residential Tenancies (Amendment) Bill 2012

• Housing (Standards for Rented Houses) Regulations - S.I. 534 of 2008 as amended by S.I. 462 of 2009

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Regulation of Sectors

1) Local Authorities – primarily regulated by Department, Councillors and Ombudsman

2) Approved Housing Bodies – regulated by local authorities and by Department. Soon to change.

3) Private Rental Sector – regulated by Residential Tenancies Board and local authorities

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Regulation in Private Rental Sector

• Role of Residential Tenancies Board– Quasi judicial powers and functions

– Registration of tenancies

– Dispute resolution – deposits and breach of tenancy agreement

– Mediation service

• Role of Local Authority– Enforce standards of accommodation

– Inspection

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Private Rented – Residential Tenancies Board

• Currently Residential Tenancies (Amendment) Bill 2012 to amend the 2004 Act

• Changes include:

1) Providing for the introduction of the a deposit retention scheme

2) Changing the constitution of the PRTB and name to change to Residential Tenancies Board (RTB)

3) Bringing Approved Housing Bodies within the remit of the RTB

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New Era of Regulation & Accountability

• Approved Housing Bodies– Voluntary Code of Regulation

• Local Authorities– Assessment Regulations

– Allocation Regulations

– Rent Regulations

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Approved Housing Bodies

• Traditionally regulated by contracts with local authorities rather than a legislative framework

• Introduction of private finance = major shift

• Voluntary Code launched in July– First phase in move to statutory regulator

– Initial focus on Good Governance, Financial Viability and good service delivery

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Regulator – Successful Landlords deliver good outcomes for Tenants

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Local Authorities

• Accountability structures have been strengthened by new regulatory framework

• First time for regulations– Assessment

– Allocations

– Rents

• Tenants – transparency and consistency

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Tenant Involvement

Tenant’s Voice

• Councillors & other politicians

• Ombudsman

• Support Organisations

• Resident Groups

• Specific Representative Groups

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Tenant Participation

• Who is responsible for tenant participation?

• Regulator or landlord or both?

• Are there different structures relevant?• Participation in co-regulation

• Tenant Panels

• Tenant participation on boards

• Tenant’s Representative body

• How can we build tenant capacity?

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Tenants & the Regulator

1) Is good governance and financial viability enough?

2) Do we need to consider other performance indicators?

3) Should tenant service assessment be included?

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“It’s all very well to run around saying regulation is bad, get government off our backs. Of course our lives are regulated. When you come to a stop sign, you stop; The alternative is dead bodies at the intersection.”

“He who seeks to regulate everything by law is more likely to arouse vices that to reform them.”

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Thank You

Tel: +353 1 656 4100

E-mail: john.oconnor@housing.ie