Minister O’Brien signs the Residential Tenancies (Amendment) Act 2024 (Commencement) Order

Minister O’Brien has signed the Residential Tenancies (Amendment) Act 2024 (Commencement) Order 2024.

This Order appoints 19 July 2024 as the date on which the Residential Tenancies (Amendment) Act 2024 shall come into operation.

The Act amends the Residential Tenancies Act 2004 to provide in the case of student specific accommodation tenancies/licences for arrangements to:

permit advance payment of rent exceeding an amount equivalent to one month’s rent, only where a person is paying both rent and tuition fees to the same relevant provider (i.e. a public or private education provider);
limit the duration of such a tenancy/licence, other than at the request of the prospective tenant/licensee, to not more than 41 weeks;
apply Residential Tenancies Board sanctions to ‘improper conduct’ by a landlord/licensor for exceeding that duration of 41 weeks; and
to enable a fixed term tenant/licensee of student specific accommodation to serve a notice of termination during the period from 1 May to 1 October, inclusive, in any year whether or not the landlord/licensor has failed to comply with any obligations of the tenancy/licence.

Minister O’Brien stated:

“My Government colleagues and I have noted with some alarm that a number of private student-specific accommodation providers have moved exclusively towards a 51-week occupancy model. While there may be a market for 51-week leases among some members of the student population, it is neither desirable nor affordable for the vast majority of third-level students and their families, who rightly wish to pay for accommodation only during the academic term, when it is used. A move of this nature will only increase barriers to accessing higher education.

We must act swiftly to safeguard students from creating tenancies or licences that exceed the academic term or make excessive upfront payments to secure a tenancy or licence. The protections in this Act will provide assurances to students and their families on costs when planning for higher education.”

Ends