One-fifth of rented accommodation is 'substandard'

ONE-FIFTH of rented flats and houses inspected by local authorities last year failed to meet minimum standards for heating, lighting, repair, sanitary facilities or safety.

Just over 12,000 private rented houses and flats were inspected by county and city councils in 2007, 2,379 of which were found to be substandard for habitation.

However, in one-third of cases local authorities did not order landlords to improve and legal action was taken against just 25 landlords, according to figures compiled by the Department of the Environment. All but one of these legal cases were taken by Dublin City Council.

Regulations require landlords to keep properties in a proper state of repair and ensure they are not subject to dampness or collapse because of rot or other defects. They must also meet certain standards in relation to sanitary facilities, heating, ventilation, natural light, safety of electrical and gas supply and maintenance of common areas, yards, forecourts, walls and fences.

However, these regulations were established 15 years ago and are due to be updated next February, as they are no longer considered to represent the minimum standards required for modern living. The minimum standards do not require flats or houses to have a piped supply of hot water at all times. For heating, they allow for the sole source of heat to include open fireplaces or portable gas heaters.

Local authorities are responsible for inspection and enforcement. Each authority is allowed to devise its own inspection policy.

Councils are advised by the department to carry out spot checks, not just to act on foot of complaints. They are also reimbursed by the department for each inspection they carry out.

Fine Gael Senator Paschal Donohoe said the rate of failure was unacceptable.

"One in five properties don't meet the minimum standards, to me that is an exceptionally high figure and is entirely unacceptable when you consider the misery living in these substandard conditions causes people," he said.

A recent report from the State-funded Centre for Housing Research showed that people receiving rent assistance were most likely to live in substandard accommodation.

"This is a very grave cause for concern. A huge amount of tax payers' money is going into rent supplement schemes - into the private rented sector and into the hands of people whose properties are not up to standard," Mr Donohoe said.

He was also concerned about follow-up to inspections and the variation between authorities.

In Dublin city 3,232 inspections were carried out. Forty per cent of properties (1,349) were substandard; 1,300 landlords complied with improvement orders and legal proceedings were taken against 24. In Cork city 703 inspections were carried out. One-third (252) of properties did not meet the standards, but no notices for improvement were served and no legal proceedings were taken.

The only other local authority to take a legal action was Kildare County Council.

"Apart from the [Dublin] city council, it seems that most local authorities are not taking this problem seriously," Mr Donohoe said. The maximum fine for keeping substandard accommodation is €3,000.