Conference of the Isles 2013
‘Mirror Mirror on the Wall:
Should the tenants make that call?’
Regulation and Scrutiny for Rented
Housing
John O’Connor
29th November, 2013
Summary
• Tenants
• Legislation
• Private Rented Sector
• Approved Housing Bodies
• Local Authorities
• Regulation
• Tenant Participation
2
Lets have a look at ourselves
- Do we consider tenants?
3
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?
4
Tenant Involvement – from
experience in regeneration
•
Regeneration Projects
– Creates a focus for tenant involvement
– Critical to project success
– Involvement as opposed to consultation
5
•
The regeneration process is more important than
the end result
•
Builds tenant capacity
•
Manage expectations
Stakeholders
Dept. of
Social
Protection
Dept. of Environment,
Community & Local
Government
Local
Authorities
Approved
Housing Bodies
Tenants
Housing
Agency
Advocacy
Groups
Housing
Finance
Agency
Residential
Tenancies Board
NAMA /
Banks
Regulation
Department
Residential
Tenancies Board
Regulator
Local Authorities
7
Ombudsman
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
9
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
10
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
11
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
12
New Era of
Regulation & Accountability
• Approved Housing Bodies
– Voluntary Code of Regulation
• Local Authorities
– Assessment Regulations
– Allocation Regulations
– Rent Regulations
13
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
14
Regulator – Successful Landlords
deliver good outcomes for Tenants
Good
Governance
Financial
Health
15
Good
Outcomes
for
Tenants
Good
Service
Delivery
Local Authorities
• Accountability structures have been
strengthened by new regulatory framework
• First time for regulations
– Assessment
– Allocations
– Rents
• Tenants – transparency and consistency
16
Tenant
Involvement
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Tenant’s Voice
• Councillors & other politicians
• Ombudsman
• Support Organisations
• Resident Groups
• Specific Representative Groups
18
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?
19
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