Politicians move to explain absence of rental properties from tenancy register

A number of politicians have moved to explain why properties they declared as rentals are not currently registered with the Residential Tenancies Board (RTB).

Some 24 TDs have listed rental properties on the Dáil’s register of members’ interests and the vast majority of those tenancies are registered with the RTB as is legally required.

Former Fine Gael minister for agriculture Michael Creed listed a rental at Railway View in Macroom, but the property did not appear on the register. He said this was not due to an error but is because the property is currently vacant.

Fianna Fáil TD Seán Haughey listed a rental property in Kinsealy, which also did not appear on the register. He said the property had been registered with the RTB when it was rented but that it was not renewed earlier this year because it is no longer rented.

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Minister for Agriculture Charlie McConalogue also listed a rental in Dublin but it is understood he is staying in the property himself.

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Independent TD in Waterford Matt Shanahan listed a rental property in Ballybeg Park, Waterford, which does not appear to be listed on the RTB register. He said he believes the property and tenancy has been registered and was speaking to an agent to verify this.

Sinn Féin also clarified that a property listed by Meath West TD Johnny Guirke is registered with the RTB after initial searches did not show it, as there was a spelling error on the entry, an issue which can be seen on other politicians’ entries.

The Irish Times asked the RTB if any politicians had registered tenancies late in recent weeks and months, following the controversy surrounding Fianna Fáil TD Robert Troy, who resigned on Wednesday night following intense scrutiny of his property affairs.

At one point, Mr Troy admitted that a rental tenancy at his former primary residence had not been registered with the RTB. He moved to register the property and said he would pay a fine. He said he had asked for this to be done by a company which manages his rentals but that they had not done it, although he said he was not trying to blame anyone else.

While the spokesman for the RTB declined to answer specific questions about late registrations by politicians, he said the board had commenced a specific registration compliance campaign to highlight that it is a legal requirement for all landlords to register their tenancies.

“The campaign used outdoor, press, radio, social media and online advertising to reach landlords. A similar scale campaign was rolled out this year to inform landlords of the annual registration requirement. The RTB also has a programme of stakeholder engagement which includes interactions with representative bodies and public representatives,” he said.

All tenancies registered online become visible on the RTB’s public register 48 hours after registration. Paper applications take longer to process.

The RTB said it takes non-compliance “very seriously”. The board said it “makes every effort to inform landlords of their obligations to register, and legal action is taken as a last resort. The RTB takes noncompliance very seriously and is committed to discharging its role and actively regulating the residential rental sector.”

The board has a range of enforcement powers to pursue landlords who have not complied with their obligation to register their tenancies. Failure to register is an offence that could result in a criminal conviction, a fine of up to €4,000 and up to six months’ imprisonment.

The RTB also has sanction powers. Under these powers, where it is found that improper conduct has occurred the result can be a civil sanction or a caution and/or a fine of up to €15,000.