Comhairle Contae Maigh Eo

Mayo County Council

STRATEGY FOR THE

RENTAL SECTOR

IMPLEMENTATION PLAN

Housing Office

College House

Swinford

April 2018

INDEX

1. Introduction Page 1

2. Rental Sector in Mayo Page 2

3. Inspection Performance of Local Authorities/

Mayo County Council Page 3

4. Considerations Page 6

5. Actions Page 7

6. Appendix 1 – Procedures Page 10

7. Appendix 2 - Guide on Minimum Standards for

Rented Residential Accommodation Page 13

Page | 1

Strategy for the Rental Sector

Implementation Plan for Inspections of Rental Properties

2018—2021

1. Introduction

Rebuilding Ireland: Action Plan for Housing and Homelessness in Pillar 4

committed to the development of a strategy for a viable and sustainable

rental sector and outlined a range of rental measures to achieve this. In

December 2016 the ‘Strategy for the Rental Sector’ was published in

response to that commitment.

In order to have a healthy housing market it is essential to have a

functioning private rental sector that is accessible and affordable, offers

security and is of a good standard. The strategy is structured around four

key areas central to the provision of a strong and viable private rented

sector:

• Security

• Supply

• Standards

• Services

It is understood at a Central and Local level that the ‘quality of rental

accommodation is critical to the success and sustainability of the

residential rental sector and to its attractiveness as a long term

accommodation option for households. Residential rental properties must

provide safe, efficient, durable, comfortable and environmentally

sustainable homes for those who live in them. They must also be solid,

stable and secure investments for those who own them’ (Strategy for the

Rental Sector, 2016).

The key area of propery standards has one main objective - to improve the

quality and management of rental accommodation. This is to be achieved

through three key actions:

• Introduce new standards regulations focusing on safety

• Increase inspections coverage and compliance through specific ring

fenced funding and annual inspections targets

Page | 2

• Develop a more efficient and effective shared service approach to

inspections, consolidating local authority inspection functions into a

national or regional set of arrangements, ensuring a more consistent

approach to the inspection and enforcement process, to the benefit

of landlords and tenants alike.

In this context each Local Authority has been tasked to draft an

Implementation Plan outlining its strategy for the inspection of private

rental accommodation in its functional area for the period 2018 -2021.

2. Rental Sector in Mayo

The interdependency between the private rental sector and the social rental

sector is continually growing with much of the demand for social housing

being met by the private rental sector through a number of schemes

administered by Local Authorities.

An analysis of the data available to Mayo County Council shows that

currently there are 2313 households subsidised in private rental

accommodation in Mayo as follows:

Housing Assistance Payment 927

Rental Accommodation Scheme/

Leasing 788

Rent Supplement (estimated) 598

Approximately, 10 properties join HAP on a weekly basis. Based on current

trends the number of households approved for Social Housing Support

(SHS), being subsidised in the private rental sector, will soon exceed the

number of households being accommodated in Local Authority & AHB

owned accommodation in Mayo (2,943).

This demonstrates the extent to which housing authorities have become

over reliant on the private rental sector to meet the accommodation needs

of households approved for SHS. It is imperative that the households being

subsidised in the private rented sector are residing in accommodation

which meets the minimum standards for private rented dwellings.

In an effort to ease the pressure on the private rented sector, Mayo County

Council has embarked on an extremely proactive Housing Capital

Programme for the period 2016 -2021. The programme will deliver circa

708 additional units of social housing accommodation in Mayo, almost

70% of which will be new build.

Page | 3

According to the latest figures available from the Residential Tenancies

Board (extract dated 28th February 2018) there are 6,754 registered

tenancies in Mayo. Census 2016 shows that nationally circa 30% of

households are renting. This is a dramatic change from 20 years ago and

this upward trend is going to continue.

It is evident that the tenure mix in Ireland is moving closer to that of other

European countries, with the number of households living in the private

rented sector continuing to grow. This trend along with increases in

population is going to put even greater pressures on the rental sector.

Ensuring that these private rented accommodation units are fit for purpose

and comply with the relevant standards is now more important than ever.

3. Inspection Performance of Local Authorities/Mayo County Council

The National Oversight and Audit Commission (NOAC) published a report in

October 2016 ‘Rented Houses Inspections – A review of Local Authority

Performance of Private Rented Houses Regulations Functions’.

This report indicated that there was a low rate of compliance with the

regulations, little consistency across local authorities in their approach to

the implementation of the regulations and widespread low rates of

inspection of private rental accommodation. The report highlighted

insufficient numbers of staff working full time on inspection functions with

generally less than 10% of registered tenancies being inspected annually.

As a result of these findings, commitments have been made in Rebuilding

Ireland and the Strategy for the Rental Sector to increase the number of

inspections of properties and ensure greater compliance with the standards

regulations.

€2.5m in funding is being made available nationally in 2018 with

increases envisaged up to 2021 so as to achieve a 25% inspection rate of

rental properties annually by 2021.

Table 1 shows inspection rates for Mayo County Council for the period

2014 – 2017.

Page | 4

Table 1

Inspections in Mayo 2014-2017

Year

Total No. of

Registered

Tenancies at year

end

Number of Private

Rented Inspections

Carried Out

Inspection rate as a

percentage of no. of

registered tenancies

2014

5,535

322

5.82%

2015

5,966

255

4.27%

2016

6,082

106

1.74%

2017

6,663

195

2.93%

The need to address the issue of inspections was recognised in Mayo

County Council following the re-establishment of the Central Housing Office

in 2016.

In March 2017, a technician was appointed to the Housing Department to

carry out Private Rented Inspections on a full time basis. Administrative

support was also provided which is currently 0.8 WTE. This has accounted

for the increase in the number of inspections of private rented

accommodation in 2017.

Based on increases in the number of registered tenancies and the number

of inspections achieved in 2017, Table 2 outlines the target number of

inspections required by Mayo County Council each year to achieve an

inspection rate of 25% by 2021.

Page | 5

Table 2

Target Inspection Programme in Mayo 2018 -2021

Year

No. of Inspections

Required

Percentage no. of

inspections this will

achieve

2018

666

10%

2019

999

15%

2020

1,333

20%

2021

1,666

25%

This will equate to the following number of initial inspections on a

quarterly basis.

Table 3

Target Inspection Programme by Quarter in Mayo 2018 -2021

Year

Qtr 1

Qtr 2

Qtr 3

Qtr 4

Total

2018

50

90

263

263

666

2019

250

250

250

249

999

2020

334

333

333

333

1,333

2021

417

417

416

416

1,666

Page | 6

A review will take place at the end of each quarter to monitor progress.

There are a number of considerations and actions required if the targets

are to be achieved.

4. Considerations

Staff Resources

Based on performance over the last number of years the targets are very

ambitious and could not possibly be met within the existing staffing

structure of 1 WTE Inspector and 0.8 WTE Administrative Support. Mayo is

a very large county with private rented dwellings dispersed across every

town and village. This does impact on efficiency in the inspection workflow,

particularly so in respect of the response to complaints

Allowing for pre-inspection work, the inspection, post inspection work, travel

time and follow up work to ensure compliance it is estimated that an

inspector will carry out approximately 10/12 inspections per week.

Allowing for annual leave, flexi leave and closed periods this equates to

450 inspections (initial & re-inspections) annually. In order to meet the

inspection target of 666 inspections in 2018 a second full time inspector

would be required to be in place by Quarter 3 of 2018. In order to meet the

2020 and 2021 targets of 1,333 and 1,666 respectively, a third full time

inspector and a second administrative support team member will be

required.

Income and Expenditure

The running cost of a dedicated inspection unit is an integral consideration

which has been explored. The estimated costs for the years 2018-2021

are based on the number of staff required in the unit to meet the targets

and office overheads etc.

The anticipated income arising from the targeted inspection programme is

based on funding available from the RTB per inspection.

Funding arising from re-inspections at €50 per inspection has not been

included in Table 4 as the number of such inspections is very difficult to

quantify. This will however be an additional income stream which will

mitigate the shortfall in funding.

Page | 7

The income and expenditure arising from the enhanced inspection

programme is set out hereunder:

Table 4

Year

Targeted

Inspections

RTB

Inspection

Rate €

Income

€

Expenditure

€

2018

666

100

66,000

100,000

2019

999

100

99,900

150,000

2020

1,333

100

133,300

200,000

2021

1,666

100

166,600

250,000

The actual cost of an inspection in Mayo is estimated at €150.

It is proposed that in respect of inspections carried out on Housing

Assistance Payment (HAP) and Rental Accommodation Scheme (RAS) units

that the costs per inspection in excess of the RTB applicable rate will be

charged to those workstreams in order to help address the funding

shortfall.

Efficiences will also be explored as learning from the enhanced inspection

programme gives valuable feedback.

5. Actions

• Introduce systems and procedures that allow for tenants in both the

social and rented sectors to make a complaint pursuant to the

standards regulations. This should be a clear, simple and easy to

use system.

Page | 8

• Standardised template to be introduced for the recording and

detailing of inspections, follow up inspections and enforcement steps

taken. This will be supported by mechanisms to ensure timely

inspections and for keeping all parties informed of both the outcome

and actions to be taken at each stage of the process. Mayo County

Council are currently in the process of developing such an access

database.

• Introduce a dedicated email address for making complaints to Mayo

County Council pursuant to the standards regulations.

• Raise public awareness of both tenants and landlords on their rights

and responsibilities through Mayo County Council’s website and

social media.

• Quantify on a yearly basis the extent of the rental sector within our

operational area by referencing data sources such as the Census,

RTB register of registered tenancies, Summary of Social Housing

Assessments, HAP unit, RAS/Leasing unit and DSP database of short

and long term rent supplement claimants. This information along

with monitoring advertisements for properties to let and dispute

outcomes from the RTB will be used to inform the conduct of

response based and planned inspections.

• Assign an order of priority to inspections to ensure a balance

between planned and response based inspection activity. An annual

review of the order of priority will be carried out.

Priority 1 → Response based inspections

➢ Properties joining RAS

➢ Complaints/Emergencies

Priority 2 → Planned Inspections

➢ HAP (required within 8 months)

➢ Enforcement

➢ Targeted Random Inspections

(registered with RTB and not part of

HAP & RAS)

Page | 9

• From Quarter 3 of 2018, assign areas geographically by town to

Inspectors to ensure each area is covered. This will be reviewed in

2020 with the addition of the third Inspector.

• Maximise consistency through continued use of standardised

Inspection Form. This will also ensure accuracy and precision to

ensure effective detection of non-compliance. Standardised form to

be updated in line with changes in regulations as they are

introduced.

• Adhere to procedures as detailed in Appendix 1.

• Identify training requirements for staff and attend relevant courses

as required.

• Implement performance monitoring by measuring:

➢ Activity levels and comparing them with the quarterly targets.

➢ Number of complaints received vs number addressed

➢ Length of time taken to respond to a complaint

➢ Time elapsed between initial and follow up inspections taking

into account timeframes set out in Appendix 1.

Page | 10

Appendix 1 Procedures

Decide on property to be inspected/receipt of a complaint/receipt of request from

RAS unit

↓

Arrange appointment to inspect the property

HAP Property – 10 days notice in writing to landlord & tenant

RAS Property – Telephone call to either landlord/tenant

Response based – Telephone call to tenant

If tenant cannot facilitate inspection please see procedure outlined on page 13.

↓

Carry out inspection and compile report

If property is compliant file is closed

↓

For non-compliant property a Letter of Works is issued to the landlord with a

timeframe of 12 weeks to complete works.

Follow up with phone call to the landlord to assess progress on works. If within

the 12 week period the landlord confirms works are complete a re-inspection is

carried out.

An extension of time may be granted by the inspector to the landlord to complete

works where works are in progress.

↓

Failure to complete works in required timeframe will result in a Notice of Works

letter being issued to the landlord with a timeframe of a further 8 weeks to

complete required works. Follow up with phone call to the landlord to assess

progress on works. If within the 8 week period the landlord confirms works are

complete a re-inspection is carried out.

An extension of time may be granted by the inspector to the landlord to complete

works where works are in progress.

↓

Failure to complete works in required timeframe will result in an Improvement

Notice being issued to the landlord with a timeframe of a further 4 weeks to

complete required works. Signed Chief Executive’s order for issuing of

Improvement Notice.

Follow up with phone call to the landlord to assess progress on works. If within

the 4 week period the landlord confirms works are complete a re-inspection is

carried out. Where works are complete a Chief Executive’s Order will be prepared

to withdraw the Improvement Notice.

An extension of time may be granted by the inspector to the landlord to complete

works where works are in progress.

Page | 11

↓

If the landlord wishes to contest the Improvement Notice, they may, within 14

days, beginning on the day on which the notice was issued to them, submit an

objection to the notice. This objection must be in writing and detail the specific

grounds on which the notice is being objected to.

Mayo County Council will consider the objection and advise the landlord in writing

of the decision within 14 days of receipt of the objection.

Landlord may appeal the objection decision to a judge of the District Court, no

later than 14 days after receipt of Mayo County Council’s objection decision.

Landlord must notify Mayo County Council in writing of appeal, grounds for

appeal, Court date and venue.

↓

Failure to complete works in required timeframe will result in a Prohibition Notice

being issued to the landlord with a timeframe of a further 6 weeks to complete

the required works. Signed Chief Executive’s order for issuing of Prohibition

Notice. Follow up with phone call to the landlord to assess progress on works. If

within the 6 week period the landlord confirms works are complete a re-

inspection is carried out.

Where works are complete a Chief Executive’s Order will be prepared to withdraw

the Prohibition Notice.

An extension of time may be granted by the inspector to the landlord to complete

works where works are in progress.

↓

If the landlord wishes to contest the Prohibition Notice, they may, within 14 days,

beginning on the day on which the notice was issued to them, submit an

objection to the notice. This objection must be in writing and detail the specific

grounds on which the notice is being objected to.

Mayo County Council will consider the objection and advise the landlord in writing

of the decision within 14 days of receipt of the objection.

Landlord may appeal the objection decision to a judge of the District Court, no

later than 14 days after receipt of Mayo County Council’s objection decision.

Landlord must notify Mayo County Council in writing of appeal, grounds for

appeal, Court date and venue.

↓

Legal Proceedings initiated if works not complete

Preparation of Chief Executives Order to authorise legal action

Issue letter to landlord notifying them that legal action is commencing

Page | 12

If tenant cannot facilitate inspection, the landlord/owner will be given a

minimum of 2 weeks notice in writing of inspector’s intention to carry out

an inspection

↓

If landlord does not keep the appointment, a second appointment letter

will issue within 10 working days

↓

If the second appointment is not kept by the landlord, Mayo County Council

will contact landlord and advise that failure to facilitate inspection will lead

to initiation of court action

A third appointment letter will issue to the landlord within 5 working days

↓

Failure to keep this appointment and where the inspector is satisfied that

adequate notice has been given to the landlord and the landlord has failed

to give access, will result in Mayo County Council initiating legal action.

↓

Preparation of Chief Executive’s Order to authorise legal action.

Issue letter to landlord advising legal action is commencing.

Page | 13

Appendix 2

Page | 14