Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 693 to 695, inclusive, together.

The Residential Tenancies Acts 2004-2022 regulate the landlord-tenant relationship in the private rented sector, and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

The Residential Tenancies Acts, including its rent controls and dispute resolution service, apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Acts do not apply are set out in section 3(2) of the Acts and include, for example, a dwelling within which the landlord also resides.

Where a dwelling is occupied by a person under an arrangement or agreement which is not a tenancy covered by the Acts, for example, where a bona fide licensing arrangement exists, the RTB does not have any jurisdiction or function. It is a private contractual matter between the parties as to type of letting agreement/arrangement to put in place. If a dispute arises as to whether a purported license is in fact a tenancy, the RTB can determine on the matter and if it is a tenancy, the Residential Tenancies Acts apply.

Traditionally, a student or any person residing in ‘digs’ or family homes benefit from the goodwill that exists to ensure that renters and home owners are happy with the arrangement. It is possible for the arrangements to be formalised by way of a licence agreement between the parties, but this is a matter of choice for the parties themselves to agree on.

I do not consider that there is a need for a legal regulatory framework in this area. Digs accommodation is an integral housing solution for students and others as well as an important source of revenue and, in some circumstances, social interaction for homeowners. Any attempt at regulating ‘digs’ is highly likely to impact negatively on the supply of this traditional and important source of accommodation for students and others. I have no plans at this time to alter this position but will keep the matter under review.

The Government agreed on 7 March 2023 that the ‘Winter Emergency Period’ under the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 would come to an end on 31 March 2023, with deferred tenancy terminations taking effect over a staggered period from 1 April to 18 June 2023 as planned and legislated for under that Act.

In advance of this, I considered a number of courses of action and consulted with colleagues across Government who agreed, taking account of the advices of the Office of Attorney General and our collective knowledge and interaction with the residential sector, that a focus on additional new supply was the best way forward in dealing with the end of the winter eviction ban in a manner which best protects tenants.

On 12 December 2023, the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) (No. 2) Bill 2023 was debated at second stage in the Dáil Éireann. The Bill was defeated in a vote.