1. 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 29 th November, 2013

2. Summary Tenants Legislation Private Rented Sector Approved Housing Bodies Local Authorities Regulation Tenant Participation 2

3. Lets have a look at ourselves - Do we consider tenants? 3

4. 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

5. 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 5

6. Stakeholders Dept. of Environment, Community & Local Government Approved Housing Bodies Housing Finance Agency Housing Agency Local Authorities NAMA / Banks Residential Tenancies Board Dept. of Social Protection Advocacy Groups Tenants

7. Regulation Department Residential Tenancies Board Local AuthoritiesOmbudsman Regulator 7

8. Legislation

9. 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

10. 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

11. 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

12. 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

13. New Era of Regulation & Accountability Approved Housing Bodies –Voluntary Code of Regulation Local Authorities –Assessment Regulations –Allocation Regulations –Rent Regulations 13

14. 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

15. Regulator – Successful Landlords deliver good outcomes for Tenants Good Outcomes for Tenants Good Governance Good Service Delivery Financial Health 15

16. Local Authorities Accountability structures have been strengthened by new regulatory framework First time for regulations –Assessment –Allocations –Rents Tenants – transparency and consistency 16

17. 17 Tenant Involvement

18. Tenant’s Voice Councillors & other politicians Ombudsman Support Organisations Resident Groups Specific Representative Groups 18

19. 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

20. 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? 20

21. “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.” 21

22. Thank You Tel: +353 1 656 4100 E-mail: john.oconnor@housing.ie