Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

Residential Tenancies (Greater Security of Tenure and Rent Certainty) Bill 2018 and Anti-Evictions Bill 2018: Discussion

Ms Michelle Byrne:

I thank the committee for the invitation. I appear on behalf of the Union of Students in Ireland, USI, which represents 374,000 students across the island. We would like to indicate clearly the support of the USI for the proposed Bills and thank Deputies Jan O’Sullivan and Deputy Barry for proposing them.

I will begin with a general outlook of the crisis students face. On the night of the census in 2016, 8% of the total number of people who were homeless that night, or 429 people, were students. When the Government’s student accommodation strategy was launched in July 2017, there was an excess demand in purpose-built student accommodation, PBSA, of more than 23,000 beds. This is expected to increase to almost 26,000 beds by 2019, which means we will remain 16,000 beds short even if all projected PBSA is successfully built. Casting an eye over inner-city Dublin today, one would be forgiven for thinking that student accommodation seems to be being built everywhere and that there is surely enough to meet the need. There has been a 2% increase, however, in student numbers every year for the past decade and this is expected to continue for the next decade. The Government has not built enough student accommodation even to cover this increase, not to mention addressing the shortage. The housing system, in effect, is buckling under the pressure and, in practice, is becoming a significant barrier to access to education. The context for students and their families is that, according to the Dublin Institute of Technology "Student Life" survey, the cost of living while studying at third level is estimated at €12,500 per annum, including fees of €3,000, which are the second highest fees in Europe. Grant rates were severely cut in budget 2012 and have not been adequately restored, in particular for postgraduate students.

We are examining three main areas with PBSA, namely, the cost or lack of affordability, rent pressure zones and the lack of tenants' rights. Much of the new student accommodation being built is PBSA, funded by Irish and global property investors, but the rents being charged are frequently unaffordable for the average student. In our experience, it is predominantly targeted at international students, who are generally fee paying and thus attractive for underfunded universities. Students in PBSA are treated as licensees rather than tenants and, therefore, do not have the same rights, which is detrimental in many ways. The students sign a licensee agreement rather than a contract and there is little legal protection for licensees. They do not have to be registered with the RTB, for example, and no minimum standards, rent-book regulations or minimum notice periods are required. Even in rent pressure zones, PBSA does not fall under the Planning and Development (Housing) and Residential Tenancies Act 2016. As a result, students are in legal limbo. We hope that the Anti-Evictions Bill will address some of these concerns.

Last summer, there were increases of up to 19% in one development in Galway, which affected National University of Ireland, Galway, NUIG, students, and 27% in Dublin, which affected Dublin City University students. Last month, there was an increase of 10% in Cork in University College Cork accommodation and 20% in another complex in Galway, presumably in preparation for legislation on rent pressure zones we were told to expect last year. The story is not improving for students, as Ms Reilly will further outline in a moment, but I will first outline the USI's research through the student housing survey of 2017. We are carrying out another one for 2018 but the survey of 2017 is the most up-to-date data we have. More than one in five respondents experienced an unexpected increase in rent before or shortly after moving into or outside of the allowed agreed period. One quarter of all respondents had a dispute with their accommodation provider, out of which the majority were in PBSA and privately rented student accommodation. Some 17% of those experiencing conflict sought professional help. Most frequently, those students who were looking for assistance turned to their students' union or Threshold. The impact of the cost on students is that they drop out of college, stay in the library and couch-surf with friends. They commute for hours to lectures, which directly affects students' ability to get a decent education. The system is perpetuating and exacerbating educational inequality because students of many families who are considering going to college will end up not pursuing their first preferences in places such as Cork, Dublin or Galway because of the cost of accommodation in urban areas. In effect, this will reduce the social capital of upcoming generations.

On the Anti-Evictions Bill 2018, extending the tenancy rights of students in PBSA is a vital change to housing policy. Students have little to no rights in PBSA and are licensees rather than tenants, which the Bill addresses. PBSA does not have to be registered with the RTB, which has left many students confused about whether they can take a case or whether they have any rights. At a time when students are desperate for a roof over their heads, they are being exploited and we must do ensure we do whatever we can to amend that.

The Residential Tenancies (Greater Security of Tenure and Rent Certainty) Bill 2018 also addresses significant problems for students, including but not limited to deposits exceeding one month's rent and a residential tenancies register. Due to the nature of students staying in accommodation for approximately nine months and because landlords of PBSA often do publish the amounts that have previously been charged, this would help to provide clarity. Ms Reilly might comment on the practical issues in Galway.