Landlords have said they may be forced to impose a water charge deposit on tenants if the government goes ahead with plans that would make the owner of a property liable for unpaid water bills.
Minister for Environment Alan Kelly has proposed a system whereby landlords will be allowed to retain outstanding charges from a tenant's deposit.
The Irish Property Owners Association (IPOA) says that deposits can only be legally withheld for unpaid rent or damage and government requirements to take water charge arrears from deposits would necessitate adding this potential figure to water deposits required by landlords.
IPOA spokesperson Margaret McCormick said: “The minster is stating that it can be taken from the deposit. Well the deposit we have is for damages or normal wear and tear.
“We do not hold the deposit for water charges, that’s not something we’ve got.
“So if the minister is looking for it to be taken from the deposit then a deposit will have to be given in respect of the water charges,” she added.
The IPOA is warning that landlords cannot be used as debt collectors for Irish Water, and if they are it could set a dangerous precedent.
“The new proposals announced by Minister Alan Kelly explicitly interfere in the relationship between landlords and tenants in a way not seen before," Stephen Faughnan, IPOA Chairman, said.
"If a precedent is set with water, landlords could end up being responsible for tenants who default on other utility charges,” he added.
A 50 page FAQ document was distributed following last week’s Dáil announcement on water charges by Mr Kelly. In that document it is stated that new tenants will not be able to lease a property until the previous tenant’s Irish Water bill has been settled.
The IPOA has questioned the constitutionality of this, saying it would amount to making a personal debt the landlord’s debt.
The group are also concerned that the move would breach data-protection laws as landlords would require access to a tenant’s private data to ascertain the amount due to Irish Water. "This would create data protection issues," Faughnan said, "and I expect the Government and Irish Water have had enough of those issues."
The IPOA today reiterated that it believes charges due can only be the responsibility of the person who has signed up to a service, and not the landlord.
