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

Amendment No. 4 amends section 3A of the 2004 Act, which prohibits the subletting or assignment of an AHB tenancy and disapplies section 16(k) of the 2004 Act in respect of AHB tenancies.

Section 16(k) of the 2004 Act obliges a tenant not to assign or sublet a tenancy without the written consent of the landlord. Accordingly, section 16(k) is not relevant to AHB tenancies as such assignment and subletting is prohibited in that sector.

Amendment No. 4 is a technical amendment to place similar restrictions on student-specific accommodation tenancies.

Amendment No. 5 amends section 4 of the 2004 Act, which provides definitions of certain terms for interpretation purposes. A definition of "public authority" is provided which includes under paragraph (g), "educational institutions". Amendment No. 5 deletes paragraph (g) from the definition of "public authority". Under section 3(2)(c) of the 2004 Act, the Residential Tenancies Acts do not apply to a dwelling let under tenancy by a public authority.

The effect of amendment No. 5 is to apply the Acts to dwellings let under tenancy by educational institutions. The aim is for all students residing in student-specific accommodation to be protected by the Residential Tenancies Acts.