Ms Rosalind Carroll:

It is a matter of clarification, but it is also case specific. In the case the Deputy refers to, he is correct. Those were the findings, and it was a specific accommodation provider, to refer to Deputy Barry's point. The case was brought on the basis that it was a licence agreement and it was found to be a tenancy agreement, which goes back to our view that there is a basis for that. However, as Ms Fogarty also said, in each case we need to examine the substance behind it. It is not the licence agreement; it is the practice behind it. Has there been peaceful and exclusive occupation of the dwelling, does the person have his or her own access to the property and so on? The adjudicator or tribunal would look to certain principles. If it was a registration, the courts would look to that. In the case to which Deputy Ó Broin referred, we found that a tenancy existed. If an existing tenant had brought that case, we would then be able to examine the rent matter.