biennial national social housing conference 18 th
TRANSCRIPT
Microsoft PowerPoint - Thurs 19th Sept - 9.30am - 11am - Reform,
Governance and Regulation in Social Housing18th September
2013
Irish Council for Social Housing
18th September 2013
Reform, Governance & Regulation in Social Housing
Anne Marie Caulfield
statutory, self -financing body responsible for :
maintaining a national register for all private
residential tenancies;
the provision of information; carrying out of
research & the provision of policy advice to the
Minister regarding the private rented sector
Voluntary and Co-operative Housing Bodies to
join our remit under the RTA Amendment Bill.
Structure of the PRTB
• Director and 4 Assistant Directors: o Anne Marie Caulfield, Director • Kathryn Ward: Enforcement of Orders / Registrations • Janette Fogarty : Adjudication, Mediation, Tribunals • Carmel Diskin: Outsourced Contract Manager • Pádraig McGoldrick: HR, Finance, ICT
• 35 Staff end 2012, 33 by end 2013 (from 70 Staff in 2011)
Board of Director of 12 Members o Catriona Walsh, Ensor O’Connor Solicitors, Chairperson
• Panel of 38 Mediators/Adjudicators, paid a daily fee
• Panel of 27 Tribunal Members, (can have 40), daily fee
• Exchequer Grant in 2007 of €5.7m
• Self Financing, income from fees in 2012 of €9.4m
• 97,181 new Registrations processed in 2012
• 20% of registration fees reserved for Local Authorities minimum
standards inspections
• 109,095 inspections carried out by Local Authorities 2005 – 2012
PRTB Finances
• 475,000 Households renting in Ireland
• 65% in the Private Sector, (308,750) 30% in the Public Sector and 5% in the Voluntary Sector (23,750)
• Private Rental Sector over all nearly one in five households – a structural change to-wards renting?
• 277,295 Tenancies Registered at end March 2013
• 641,341 Tenants
Private Rental Sector
Dispute Resolution Function
• PRTB replaced the Courts in relation to the majority of landlord & tenant disputes
Dispute Resolution Service
hearing)
€100 for appeal to Tribunals
1650165016501650 1859185918591859
2230223022302230 2059205920592059
1,000 telephone queries per week, 40% relate to Dispute prevention
One third of formal applications resolved before full hearing
1368136813681368
849849849849
57575757
Breakdown of all 2012 cases by Breakdown of all 2012 cases by Breakdown of all 2012 cases by Breakdown of all 2012 cases by
Applicant PartyApplicant PartyApplicant PartyApplicant Party
Tenant
(60%)
Landlord
(37%)
multiple issues of dispute per single
application received:
Deposit retention 836
Rent arrears 719
Standard and maintenance of dwelling 369
Overholding 283
Other
Anti-social behaviour 115
Breach of fixed term lease 113
Damage to rented property
Rent more than market rate 61
Total 4224
Main Categories of Dispute
Deposit retention – 37% of all dispute applications relate to deposit retention, ie 836 applications in 2012
Outcomes (2012) Landlord entitled to retain full Deposit in 24% of cases Tenant entitled to refund of full Deposit in 33% of cases Tenant entitled to partial refund in 43% of cases
Rent Arrears – 32% of all dispute applications relate to rent arrears 719 applications in 2012 Overholding in conjunction with Rent Arrears in 9% of
all applications
324 applications in 2008 719 applications in 2012 122% increase in rent arrears applications since 2008
Anti-Social Behaviour
• Tenant Obligations under Section 16 not to behave in a manner which is Anti-Social or allow visitors to do so
• Landlord Obligations to enforce or may be sued
• Anti-Social Behaviour defined in Section 17(1) in detail but in summary not to interfere with quiet enjoyment of persons in neighbourhood
• Criminal Behaviour a matter for the Gardai, not the PRTB.
• PRTB does not investigate, cases may be taken by “individuals directly affected”
• 57 cases received from 3rd parties in 2012– 3% of overall applications received
• 28% of cases are not proved, but award of €30, 000 last year
43,575 Landlords detected and contacted in 2012
(Mailshots, Notice Letters, Solicitors letters and Court
Summons.)
2013
fines between 3,000 and 5,000
Enforcement against unregistered Landlords
• 510 additional cases sent to Solicitors in 2013
• PRTB has no legal obligation to enforce its Orders, it is also open to parties to take their own enforcement.
Year 2012 2013 Total
• Electronic data exchange, May 2011
• Enforcement of Registration, case management- May 2011
• Online Disputes, electronic case files and portal access – April 2012
• Online Tribunals, electronic case files etc – July 2012
• Enforcement of Determination Orders – August 2012
• Electronic Tracing of post (joint An Post project) – Dec 2012
• Website redesigned, May 2013
• Rent Index, May 2013
• Several Hardware projects including Disaster Recovery, Security, new Servers etc
Modernisation ICT Strategy
Reduction of staff from 70 to 33 by end of 2013
Outsourcing of Registration and of Call Centre activity, contract awarded to SouthWestern
Some Shared Services on ICT, e.g. with Revenue
Review of internal procedures, looking at telephone mediations, enforcement packs
Review of the Residential Tenancies Act and simplification of process is essential for further improvements.
Modernisation
Deposit Retention : Govt commitment to establish a Deposit Protection Scheme
Registration Fee: discounts for on-line, sliding scale for late registration fees.
Mediation : measures to encourage the use of mediation.
Governance : Smaller Board of Directors with separate quasi Judicial and Administrative Functions.
Social & Voluntary Housing Sector ; PRTB to become responsible for regulation of this sector also.
Exchange of Information with Revenue: this will assist in tracking respondents / repeat offenders
Thank You!
Irish Council for Social Housing
18th September 2013
Reform, Governance & Regulation in Social Housing
Marina Keane
Irish Council for Social Housing
18th September 2013
Reform, Governance & Regulation in Social Housing
Tony Larkin
Housing Tony Larkin
Director of Services
Wexford County Council
• Changes Impacting Local Government
• Regulatory and Governance Issues
A Wave of Change in Local Govt.
• Capital Investment in Significant Decline
• Demographic Change;
• Housing Assistance Payment
A New Role for Local Authorities
• Little Investment in New Stock Envisaged;
• Reliance on Private Market;
• Managers of Social Housing not Suppliers;
• Regulation of the Local Housing Market
• PRTB
• HAP/RAS
• Energy Efficiency
• Amalgamation with Towns
• Traditional Relationship AHB with Local Authority
• Competitor for Funds?
• Transparency and Accountability
Wexford and AHBs
• Tier 3 – Respond & Cluid
• 373 units; €23 Million.
• Nomination Fine but TP has been an issue
Some Issues…
• Capacity issues at Tier 1 (Design, Procurement, Project Management)
• Lack of integrated strategic planning with AHB sector
• Role confusion – Are we Rubber Stamp or Gatekeeper?
• Succession Planning
New Relationships
• Information Sharing
• Strategic Planning
• Co-operative structures
• More LA/AHB dialogue at County level
• More ‘hands-on’ assistance for Tier 1 Projects
Practical Steps…..Some Thoughts!
• Project Planning & Landbank Management;
Housing Tony Larkin
Director of Services
Wexford County Council
Irish Council for Social Housing
18th September 2013
Irish Council for Social Housing
18th September 2013
Reform, Governance & Regulation in Social Housing
Anne Marie Caulfield
statutory, self -financing body responsible for :
maintaining a national register for all private
residential tenancies;
the provision of information; carrying out of
research & the provision of policy advice to the
Minister regarding the private rented sector
Voluntary and Co-operative Housing Bodies to
join our remit under the RTA Amendment Bill.
Structure of the PRTB
• Director and 4 Assistant Directors: o Anne Marie Caulfield, Director • Kathryn Ward: Enforcement of Orders / Registrations • Janette Fogarty : Adjudication, Mediation, Tribunals • Carmel Diskin: Outsourced Contract Manager • Pádraig McGoldrick: HR, Finance, ICT
• 35 Staff end 2012, 33 by end 2013 (from 70 Staff in 2011)
Board of Director of 12 Members o Catriona Walsh, Ensor O’Connor Solicitors, Chairperson
• Panel of 38 Mediators/Adjudicators, paid a daily fee
• Panel of 27 Tribunal Members, (can have 40), daily fee
• Exchequer Grant in 2007 of €5.7m
• Self Financing, income from fees in 2012 of €9.4m
• 97,181 new Registrations processed in 2012
• 20% of registration fees reserved for Local Authorities minimum
standards inspections
• 109,095 inspections carried out by Local Authorities 2005 – 2012
PRTB Finances
• 475,000 Households renting in Ireland
• 65% in the Private Sector, (308,750) 30% in the Public Sector and 5% in the Voluntary Sector (23,750)
• Private Rental Sector over all nearly one in five households – a structural change to-wards renting?
• 277,295 Tenancies Registered at end March 2013
• 641,341 Tenants
Private Rental Sector
Dispute Resolution Function
• PRTB replaced the Courts in relation to the majority of landlord & tenant disputes
Dispute Resolution Service
hearing)
€100 for appeal to Tribunals
1650165016501650 1859185918591859
2230223022302230 2059205920592059
1,000 telephone queries per week, 40% relate to Dispute prevention
One third of formal applications resolved before full hearing
1368136813681368
849849849849
57575757
Breakdown of all 2012 cases by Breakdown of all 2012 cases by Breakdown of all 2012 cases by Breakdown of all 2012 cases by
Applicant PartyApplicant PartyApplicant PartyApplicant Party
Tenant
(60%)
Landlord
(37%)
multiple issues of dispute per single
application received:
Deposit retention 836
Rent arrears 719
Standard and maintenance of dwelling 369
Overholding 283
Other
Anti-social behaviour 115
Breach of fixed term lease 113
Damage to rented property
Rent more than market rate 61
Total 4224
Main Categories of Dispute
Deposit retention – 37% of all dispute applications relate to deposit retention, ie 836 applications in 2012
Outcomes (2012) Landlord entitled to retain full Deposit in 24% of cases Tenant entitled to refund of full Deposit in 33% of cases Tenant entitled to partial refund in 43% of cases
Rent Arrears – 32% of all dispute applications relate to rent arrears 719 applications in 2012 Overholding in conjunction with Rent Arrears in 9% of
all applications
324 applications in 2008 719 applications in 2012 122% increase in rent arrears applications since 2008
Anti-Social Behaviour
• Tenant Obligations under Section 16 not to behave in a manner which is Anti-Social or allow visitors to do so
• Landlord Obligations to enforce or may be sued
• Anti-Social Behaviour defined in Section 17(1) in detail but in summary not to interfere with quiet enjoyment of persons in neighbourhood
• Criminal Behaviour a matter for the Gardai, not the PRTB.
• PRTB does not investigate, cases may be taken by “individuals directly affected”
• 57 cases received from 3rd parties in 2012– 3% of overall applications received
• 28% of cases are not proved, but award of €30, 000 last year
43,575 Landlords detected and contacted in 2012
(Mailshots, Notice Letters, Solicitors letters and Court
Summons.)
2013
fines between 3,000 and 5,000
Enforcement against unregistered Landlords
• 510 additional cases sent to Solicitors in 2013
• PRTB has no legal obligation to enforce its Orders, it is also open to parties to take their own enforcement.
Year 2012 2013 Total
• Electronic data exchange, May 2011
• Enforcement of Registration, case management- May 2011
• Online Disputes, electronic case files and portal access – April 2012
• Online Tribunals, electronic case files etc – July 2012
• Enforcement of Determination Orders – August 2012
• Electronic Tracing of post (joint An Post project) – Dec 2012
• Website redesigned, May 2013
• Rent Index, May 2013
• Several Hardware projects including Disaster Recovery, Security, new Servers etc
Modernisation ICT Strategy
Reduction of staff from 70 to 33 by end of 2013
Outsourcing of Registration and of Call Centre activity, contract awarded to SouthWestern
Some Shared Services on ICT, e.g. with Revenue
Review of internal procedures, looking at telephone mediations, enforcement packs
Review of the Residential Tenancies Act and simplification of process is essential for further improvements.
Modernisation
Deposit Retention : Govt commitment to establish a Deposit Protection Scheme
Registration Fee: discounts for on-line, sliding scale for late registration fees.
Mediation : measures to encourage the use of mediation.
Governance : Smaller Board of Directors with separate quasi Judicial and Administrative Functions.
Social & Voluntary Housing Sector ; PRTB to become responsible for regulation of this sector also.
Exchange of Information with Revenue: this will assist in tracking respondents / repeat offenders
Thank You!
Irish Council for Social Housing
18th September 2013
Reform, Governance & Regulation in Social Housing
Marina Keane
Irish Council for Social Housing
18th September 2013
Reform, Governance & Regulation in Social Housing
Tony Larkin
Housing Tony Larkin
Director of Services
Wexford County Council
• Changes Impacting Local Government
• Regulatory and Governance Issues
A Wave of Change in Local Govt.
• Capital Investment in Significant Decline
• Demographic Change;
• Housing Assistance Payment
A New Role for Local Authorities
• Little Investment in New Stock Envisaged;
• Reliance on Private Market;
• Managers of Social Housing not Suppliers;
• Regulation of the Local Housing Market
• PRTB
• HAP/RAS
• Energy Efficiency
• Amalgamation with Towns
• Traditional Relationship AHB with Local Authority
• Competitor for Funds?
• Transparency and Accountability
Wexford and AHBs
• Tier 3 – Respond & Cluid
• 373 units; €23 Million.
• Nomination Fine but TP has been an issue
Some Issues…
• Capacity issues at Tier 1 (Design, Procurement, Project Management)
• Lack of integrated strategic planning with AHB sector
• Role confusion – Are we Rubber Stamp or Gatekeeper?
• Succession Planning
New Relationships
• Information Sharing
• Strategic Planning
• Co-operative structures
• More LA/AHB dialogue at County level
• More ‘hands-on’ assistance for Tier 1 Projects
Practical Steps…..Some Thoughts!
• Project Planning & Landbank Management;
Housing Tony Larkin
Director of Services
Wexford County Council
Irish Council for Social Housing
18th September 2013