Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Deputies for their contributions. Unfortunately, at this moment in time I am unable to accept amendments Nos. 11 and 12, which propose to impose restrictions on the operation of section 19B of the Residential Tenancies Act 2004. Section 19B was introduced into the principal Act by the Residential Tenancies (No. 2) Act 2021 in July of this year, as outlined by the contributors. It provides that the total amount anyone can be obliged to pay upfront to a landlord by way of deposit or an advance rent payment to secure a tenancy is restricted to no more than the equivalent of two months' rent. A restriction of the equivalent of one month's rent is also placed on the amount a tenant is obliged to pay in advance as a rental payment to a landlord in the course of a tenancy.

Section 19B(3) of the principal Act provides that a student residing in student accommodation can choose to pay a greater amount of advance rent if he or she wishes to do so. This provision aims to help any student who may wish to manage his or her finances by making a larger advance rent payment by providing certainty that his or her accommodation needs are secured for the desired period. I do not propose to limit a student's discretion in this regard as it is a matter of choice for the student. However, on foot of what the Deputies have said, I want to make clear that the legislation states that landlords are legally not able to ask for more. If the Deputies have any examples of where this has caused an issue, I ask them to refer them to me and I will review them and come back to the Deputies. I note the heartache that was caused for many families earlier in the year by the fees that were charged. Right through Covid-19, many students and very vulnerable families that paid rent in advance were put under significant pressure and, unfortunately, in many cases students did not even get into the accommodation. I give a commitment that we will review the matter and I would welcome the Deputies contacting me with any examples.

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