From Department of Further and Higher Education, Research, Innovation and Science
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Minister for Further and Higher Education, Research, Innovation and Science Patrick O’Donovan TD today welcomed Government approval to publish legal changes to the Residential Tenancies (Amendment) (No.2) Bill to ensure student-specific accommodation leases are aligned to the academic year.
Minister O’Donovan has been working closely with Minister O’Brien and his officials in the Department of Housing, Local Government and Heritage on this matter, who have responsibility for tenancy rights for students.
The amendments come on the back of an increase in student accommodation providers only offering 51-week leases for students, thus increasing the cost barriers to participation in higher education for many students. Under the amended legislation, student accommodation will follow the traditional September to May (up to 41 weeks) academic year, unless a student requests a tenancy in excess of 41 weeks.
Speaking today, Minister O’Donovan said:
“I wish to thank Minister O’Brien and his officials for expediting these amendments and their commitment to addressing this matter promptly in close cooperation with my Department.
“I would also like to take this opportunity to thank the Taoiseach for his support in delivering these changes. This is a big win for students from the countryside, and parents who may be paying rents on their behalf. Country students usually return home for the summer months to work on farms or in local businesses. It is unthinkable to me that they would be forced to pay rent for accommodation they have no use for. That’s why this legislation is so important to me and to my government colleagues, to make the practice of trying to charge for a whole year of rent not just unacceptable, but illegal unless required by a student ”, said Minister O’Donovan.
Minister for Housing, Local Government and Heritage, Darragh O’Brien TD said:
“Collectively we have to do everything we can to ensure that any barriers to third level education are removed, and that students are not forced into paying for accommodation outside of the academic year, creating unnecessary hardship and additional costs for students and their families. I was very pleased to receive Cabinet approval for the Bill today and expect to have it enacted in the coming weeks.”
“At the same time under Housing for All, we are also ensuring we deliver more homes, for all our people, which will of course benefit student renters. Earlier this year Government agreed on a new long term policy to develop student accommodation which includes the delivery of purpose built student accommodation by our Universities a plan I am fully supportive of,” he concluded.
Minister O’Donovan said:
“With accommodation being the largest cost being faced by our students, it is imperative to minimise the impact and duration of this financial burden and remove barriers to progressing through higher education.”
“However, where students require 51-week leases they can still request these by agreement with a provider.
"This Government gave a commitment under Housing for All to increase protections for students in private rental accommodation and we are doing just that.
"Once enacted, this Bill will cover all new student specific accommodation tenancies.
"As always, students will have recourse to the Residential Tenancies Board (RTB) if they have specific queries or concerns regarding their student-specific accommodation or wish to refer a dispute for resolution or make a complaint of improper conduct for investigation and possible sanction.”
The Government is committed to enhancing protections for tenants, including those in student specific accommodation. This Bill will equally apply to student licensees in student specific accommodation.
The Residential Tenancies Act (Amendment) Act 2019 brought Student Specific Accommodation under the remit of the Residential Tenancies Board on 15 July 2019, providing for relevant obligations and rights under residential tenancies legislation to apply to tenancy and licence agreements in student-specific accommodation, provided by public higher education institutions or by private accommodation providers.
Since August 2021, the total amount that a tenant is required to pay to a landlord by way of a deposit or an advance rent payment to secure a tenancy has been restricted to no more than the equivalent of 2 months’ rent. Therefore, any deposit cannot exceed 1 month’s rent and any advance rent payment cannot exceed 1 month’s rent.
The Act also limits termination notice periods in respect of student specific accommodation, so that no more than 28 days’ notice is required to be given by students. Students are advised to make contact with the RTB in the first instance, with details of any complaints or disputes regarding their accommodation. The RTB provides a confidential dispute resolution service including, telephone mediation or adjudication, and the option to appeal through to a Tenancy Tribunal. The RTB has powers to investigate and sanction landlords who engage in certain breaches of rental law called improper conduct. Investigations can commence on the basis of information received from a member of the public or of the RTB’s own volition. Further information can be found at www.rtb.ie . Students can contact the RTB on 0818 303037 at ssa@rtb.ie .