Oireachtas Joint and Select Committees

Thursday, 22 November 2018

Joint Oireachtas Committee on Housing, Planning and Local Government

Residential Tenancies (Student Rents, Rights and Protections) Bill 2018: Discussion

9:30 am

Ms Janette Fogarty:

Our legislation sets out rights and obligations of landlords and tenants, and we can look at the jurisdiction. If it is determined it is within jurisdiction, the RTB will examine the subject matter of it. If it is around a pressure zone, for example, it will investigate if rent that has to be referred back. It does not specifically examine the possibility of going after somebody for an offence. We can go after them from a registration perspective in that they have not registered the tenancy. On the dispute resolution end, however, once it maintains that it has jurisdiction, if there was peaceful and exclusive occupation it will examine the reason that peaceful and exclusive occupation is being restricted. It is to tease out whether there is an attempt to circumvent the legislation. The registration would be separate to the dispute resolution. They will determine the dispute once they examine if they have jurisdiction. We would separately look at the registration aspect of the tenancy.

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