Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

If it is amenable to the committee, I will start with amendment No. 3 and we can see how we go. I will speak to related Government and Opposition amendments linked to student-specific accommodation as we come to them. Amendment No. 3 and related Government amendments amend the Residential Tenancies Acts 2004 to 2016 to provide for its relevant obligations and rights to apply to tenancy and licence agreements in student-specific accommodation provided by public educational institutions or by private accommodation providers to both part-time and full-time students. For example, the 4% per annum rent increase restriction in rent pressure zones, relevant termination provisions, the Residential Tenancies Board, RTB, dispute resolution procedures, tenancy and licence registration requirements, and the new RTB sanctioning regime for improper conduct will apply to the student-specific accommodation.

Amendment No. 3 amends section 3 of the Act of 2004. Section 3 of the Act of 2004 sets out the dwellings, under tenancy, to which the Residential Tenancies Acts 2004 to 2016 apply. Amendment No. 3 extends the application of the Acts to student-specific accommodation let under a tenancy that commences not earlier than one month after the commencement of this section of the Bill.

Under the proposed new section (3)(1A)(a) of the Act, every dwelling situated in a building or part of a building used for the sole purpose of providing residential accommodation under tenancy to students during academic terms will be covered by the Acts, regardless of whether that building is used for any other purpose outside of academic terms, such students can reside in the building outside of academic terms, or anyone other than a student, such as a caretaker, resides in the building provided, the residence in the building is for the purposes of providing residential accommodation to students during academic term times. The amendment makes clear that the Acts do not apply to such a dwelling where an individual landlord resides, for example, in "digs". Generally, the Act does not apply to a dwelling within which the landlord also resides. Under the proposed new section (3)(1A)(b), it is made clear that the application of the Acts to the student-specific accommodation sector will not affect regular dwellings, such as a house, where students reside under an existing or future tenancy. Under the proposed new section (3)(1A)(c), the definition of "dwelling" under section 4 of the Act of 2004 is modified to make clear that student-specific accommodation can be self-contained but need not be self-contained. This modification is necessary to reflect the nature of student-specific accommodation.

Under the proposed new section (3)(1A)(d), "student" is defined as a person registered as a student with relevant providers within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012. To be clear, as defined in other legislation, "relevant provider" is a "previously established university", "an educational institution established as a university under section 9 of the Act of 1997", "a technological university", "the Royal College of Surgeons in Ireland", "the Dublin Institute of Technology", "a provider whose programme of education and training is validated under section 45", an "awarding body under section 48", "a provider to whom authority to make an award has been delegated under section 53", or "a provider who is authorised to use the international education mark under section 61 other than a provider who is so authorised where that provider is also (i)a provider referred to in paragraphs (a) to (g), or (ii) a linked provider". The term "student" covers part-time and full-time students. English language education providers are not currently "relevant providers" under section 2 but will soon become relevant providers under the law. Accordingly, their students who avail of student-specific accommodation under licence or tenancy will fall within the remit of the Residential Tenancies Acts.

A new subsection (7) is inserted into section 3 of the Act of 2004 to disapply a number of provisions of the Residential Tenancies Acts which are not appropriate to the student-specific sector. The provisions disapplied from the student-specific accommodation sector include the following. Section 16(k) is not relevant to student-specific accommodation tenancies as assignment and subletting is prohibited in that sector. Section 16(n) is not relevant in the context of student-specific accommodation as a student has his or her own separate agreement with the provider. Accordingly, a scenario cannot arise where the student is obliged to write to the provider notifying of the identity of residents. Section 78(2) and (3) are not relevant in the context of student-specific accommodation as a student is prohibited from subletting or creating a sublicence. Section 135, clause (II) of subparagraph (i) of paragraph (e) of subsection (4), is amended to modify the required content of the statement that issues by the RTB with its acknowledgement of an application to register a tenancy or licence in the student-specific accommodation sector. That RTB statement will not be required to set out the security of tenure provisions under the Residential Tenancies Acts, as Part 4 does not apply in the student-specific accommodation sector. Simply put, a student residing under tenancy in student-specific accommodation for longer than six months will not accrue the legal right to stay there for another 5.5 years. The RTB statement will reflect that.

Sections 70, 71, 72, 73, 81, 185 and 186 will not apply to the student-specific accommodation as subletting and multiple tenancies do not apply in that sector. The agreement between a student and a provider is made in the student’s personal capacity. Section 195 will not apply in the student-specific accommodation sector as proposed overholding under a fixed term tenancy cannot arise. Students are required to vacate student-specific accommodation in accordance with the terms agreed with the provider. Security of tenure provisions under Part 4 of the Act will not apply. Schedule 1 of the Act does not apply to student-specific accommodation as subtenancies cannot occur.