Ruth Coppinger (Dublin West, Solidarity)
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72. To ask the Minister for Housing, Planning, Community and Local Government his views on the affordability of purpose-built student accommodation already available or under construction in Dublin; his plans to extend protections available for tenants under the Residential Tenancies Acts to student accommodation; and if he will make a statement on the matter. [17102/17]

Simon Coveney (Cork South Central, Fine Gael)
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Issues in relation to the affordability of purpose built student accommodation are a matter for my colleague, the Minister for Education and Skills.

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector.  The application of the act to student accommodation depends on the nature of the tenancy agreement in place. The Act applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions which are set out in section 3(2) of the Act. Student accommodation is not specifically exempt under the Act. 

Therefore, the Act applies to student accommodation that is the subject of a tenancy and the protections under the Act do apply to such tenancies. However, section 25(4) of the Act provides for an exemption of certain purpose built student accommodation from Part 4 of the Act, which relates to security of tenure provisions. These tenancies are still protected under the remaining provisions of the Act. 

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Where a dwelling is occupied by a person under a tenancy to which the Act does not apply or under an arrangement or agreement which is not a tenancy, such as instances where a bona fide licensing arrangement exists, the RTB does not have any function in relation to such agreements or arrangements.

In circumstances where it is unclear as to whether a particular rental agreement is a tenancy or a licence, the RTB can adjudicate on the question and has done so in the past.  Where it finds that a tenancy is unregistered due to the landlord’s wrongful claim of licence, the RTB can serve a notice requiring registration and failure to comply is an offence.

I have no plans at this time to amend the Act to include licensing arrangements for student accommodation.