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Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I am not seeking to delay matters but some of this is very technical. It is important that, as much as possible, we speak to each amendment as we go through. I am not criticising anybody but we only just got the amendments two days ago. A number of us have gone through them but we must ensure we do not unintentionally skip over anything.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: It is worth noting it was almost a year ago this month that students from Dublin City University's Shanowen Court and then those in Cúirt na Coiribe were hit with those 27% rent increases. Like Deputy O'Brien, I pay tribute to the students who organised and mobilised on that issue. They held sleep-outs and they protested in their colleges and here at Leinster House. They met Deputies...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Perhaps the Deputy's questions were as badly worded as his amendments.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Does that specifically apply to on-campus and off-campus students?

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: In order for a tenant to take a case against a landlord, that tenancy must be registered. Does that mean that in September, October or November 2019 a student tenant who feels their landlord is in breach of the RPZs will not be able to take the case RTB because they are not registered?

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: However, they will have to register in 2019 in the first instance.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: The committee received very clear advice from the RTB that any students living today in private sector purpose-build student accommodation in RPZs, who get hit by rent increases for the next academic year above the 4% limit, should take cases to the board, because the board believes they are covered by the RPZ. We need to repeat that. It does not apply to on-campus accommodation but,...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I will speak in favour of half of the amendment and explain why I do not support the other half. With respect to landlords and particularly the legal grey area, the general practice is for receivers or banks and funds that repossess properties to behave like landlords. They accept the rent and that means there is a tacit acceptance that they are accepting the obligations of a landlord. In...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I am supporting half of it.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I think I understand. To be clear, if a landlord of student accommodation was to attempt to terminate the licence in breach of that licence agreement, although not in breach of Part 4 tenancy rights, the student would still have the right to bring that type of case to the RTB. I want to confirm that is the case.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Obviously, annual registration kicks in from 2020 but student-specific accommodation is not always annual. For example, if one looks at websites today, one will see three, six or nine-month licences. If I sign up to the September to December licence but renew that licence from January to three months after that or if I sign a licence from January to March and then opt in April to sign a new...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Just once a year.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: To be clear-----

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I am not criticising it. My query is more for clarity. For example, in a case where a student signs up to a licence for three months in January, obviously, there is an obligation to register that but if that student then signs up to another three-month licence after that or if that student moves out and another student moves in, there is no obligation on the student-specific accommodation...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: That is fine.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: My apologies, I had a second question. It might not be pertinent to this. Will a version of the reduced rate charge for group registrations apply to the approved housing body, AHB, sector or is it just specific to this?

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: That is fine.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: This was one of the issues a number of us raised. I welcome the fact that the Minister has made the change. I probably would have preferred to see not just a fee building up but also a fee incrementally increasing over that period of time but I think it is a very positive change from the flat additional charge of €20 so I welcome it.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: The Deputy should resubmit the amendment.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: The Deputy should ensure his amendments are better drafted before they are resubmitted. We will give him a hand.

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