John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I move amendment No. 18:

In page 18, between lines 32 and 33, to insert the following:“Amendment of Residential Tenancies (Amendment) Act 2019

26. The Residential Tenancies (Amendment) Act 2019 is amended—

(a) in section 22, by the substitution of the following subsection for subsection (2):

“(2) (a) If a tenancy (other than a tenancy to which subsection (1A) of section 3 applies) commences within 3 months from the coming into operation of subsection (1) (other than subparagraphs (ii), (iii) and (iv) of paragraph (b)), the application in respect thereof under paragraph (a) of subsection (1) of section 134 of the Act of 2004 shall, notwithstanding clause (II) of subparagraph (ii) of paragraph (b) of subsection (2) of that section, be made not later than 4 months from the said coming into operation.

(b) If the anniversary of the commencement of a tenancy falls within 3 months from the coming into operation of subsection (1) (other than subparagraphs (ii), (iii) and (iv) of paragraph (b)), the application in respect thereof under paragraph (b) of subsection (1) of section 134 of the Act of 2004 shall, notwithstanding subsection (2B) of that section, be made not later than 4 months from the said coming into operation.”,

(b) in section 25, by the substitution of the following subsection for subsection (2):

“(2) The amendment of section 137 of the Act of 2004 effected by this section shall not apply in relation to an application under subsection (1) of section 134 of that Act—

(a) made after the commencement of paragraph (a) (as it relates to paragraph (a) of subsection (1) of the said section 137) of subsection (1), and

(b) that was required to have been made at any time before such commencement.”,

(c) in section 26, by the substitution of the following subsection for subsection (2):

“(2) The amendment of section 137A of the Act of 2004 effected by this section shall not apply in relation to an application to which subsection (2A) of section 134 of that Act applies—

(a) made after the commencement of this section, and

(b) that was required to have been made at any time before such commencement.”,

and

(d) by the substitution of the following section for section 37:

“37. (1) The Act of 2004 shall apply to licences to which this section applies and licence agreements as it applies to tenancies of dwellings referred to in subsection (1A) of section 3 of that Act and tenancy agreements relating to such tenancies, subject to the following, and any other necessary, modifications:

(a) references to tenancy shall be construed as references to licence to which this section applies;

(b) references to tenancy agreement shall be construed as references to licensing agreement;

(c) references to landlord shall be construed as references to licensor;

(d) references to tenant (other than a tenant to whom the definition of ‘multiple tenants’ in subsection (1) of section 48 applies) shall be construed as references to licensee;

(e) references to dwelling shall be construed as references to a residential unit (whether or not self-contained) situated in student accommodation;

(f) references to rent shall be construed as references to payments or charges (howsoever described) payable under a licence agreement to the licensor by any person (whether or not the licensee) in consideration of the licence concerned; and

(g) the deletion, in paragraph (a) of subsection (1) of section 12, of the words “and exclusive”.

(2) This section does not apply to a licence in respect of student accommodation in which the licensor (other than a licensor who is not an individual) resides, and references in this section to licence to which this section applies shall be construed accordingly.

(3) In this section—

‘licence’ means a licence—

(a) given by the owner (in this section referred to as the ‘licensor’) of student accommodation to a student (in this section referred to as the ‘licensee’), and

(b) created not earlier than one month after the commencement of this section,

permitting the licensee to enter and reside in a residential unit (whether or not self-contained) within that student accommodation in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor;

‘licence agreement’ means an agreement (whether or not in writing) between the owner of student accommodation and a student giving a licence to which this section applies to the student;

‘owner’ means, in relation to student accommodation, any person (other than a mortgagee not in possession) who has an estate or interest in that accommodation;

‘student’ means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012);

‘student accommodation’ means a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times—

(a) whether or not the building or part of the building concerned is used for any other purpose outside of those times,

(b) whether or not any such students are permitted to reside there outside of those times, and

(c) whether or not any person other than a student resides there, provided that the purpose of the said person’s residing there serves the first-mentioned purpose.”.”.

Amendment No. 18 amends four sections of the Residential Tenancies (Amendment) Act 2019 which relate to the application of the legislation to student-specific accommodation, whether occupied under licence or tenancy. It also addresses the arrangements for the commencement of annual registration for tenancies both generally and in the student-specific accommodation sector. The primary change applies to section 37 of the 2019 Act, which provides for the application of certain aspects of the Residential Tenancies Act 2004 to student-specific accommodation occupied under licence. The intention is to commence this provision in mid-July, in time for the coming academic year. At that point, the 4% per annum rent increase restriction in rent pressure zones, RPZs, the dispute resolution services of the Residential Tenancies Board, RTB, registration requirements, and the new RTB sanctioning regime for improper conduct will all apply to the student-specific accommodation sector. The definition of "owner" used in section 37 of the 2019 Act has been identified as enabling its possible circumvention through the use of lessors to occupy the accommodation. The proposed amendments to the definition will close this potential loophole prior to the imminent commencement of the provisions by clarifying that an owner is any person with an estate or interest in the property.

Also, to improve the clarity of the provision, the substituted section 37 places the text at the end of the enacted subsection (2) into a separate new subsection (2).

The other three sections of the 2019 Act amended by amendment no. 18 are sections 22, 25 and 26 and these sections relate to the introduction of annual registration for student-specific accommodation and other tenancies, which will happen in 2020 when the Residential Tenancies Board, RTB has completed its preparations for this change. These three technical amendments arise from the fact that the move to annual registration will take place after the commencement of the student accommodation provisions and the 2019 Act consequently makes separate provision for the registration fee applicable to student-specific accommodation. The amendment to section 22(2) clarifies that the three-month phasing-in arrangement relates to tenancies other than those in the student-specific accommodation sector, which are provided for with a separate but similar three-month phasing-in period via a provision in section 22(1). Sections 25 and 26 of the 2019 Act deal with the amount of the registration fee applicable generally and a reduced fee applicable to dwellings provided by approved housing bodies. The technical amendments to sections 25(2) and 26(2) clarify that the changes to registration fees under the 2019 Act will not take effect in respect of tenancies, other than those in the student-specific accommodation sector, until after the introduction of the annual registration fee regime in 2020.

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