Marc Ó Cathasaigh (Waterford, Green Party)
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1238. To ask the Minister for Housing, Planning, and Local Government his plans to give direction to private landlords of third-level on-campus accommodation to issue rent rebates or provide credits to students who have been unable to avail of their accommodation due to the Covid-19 crisis; and if he will make a statement on the matter. [9318/20]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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With effect from 27 March 2020, new emergency measures were introduced into law to protect tenants during the COVID-19 emergency period. Tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances, during this period. Initially, these emergency laws will apply for a period of 3 months, but they may be extended if the Government considers it necessary. 

My Department recently published a Guidance Document on Covid-19 supports for landlords and tenants which sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period. The Guidance document is available at:

https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf 

and a list of Frequently Asked Questions has been developed and is available at:

https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf. 

The Residential Tenancies Acts 2004-2019 provide for minimum notice periods to be served by tenants and landlords for tenancy terminations – for example, a student must provide 28 days notice to end a tenancy of less than 6 months duration or 35 days to end a tenancy of more than 6 months but less than 1 year. 

The Acts do not prescribe specific terms and conditions regarding the payment of rents or deposits for inclusion in individual letting agreements in the private rental market including the student-specific accommodation sector. Contract law governs such arrangements.

The specific terms associated with an individual student’s rights and obligations are likely to be set out in a written contract signed by both the student and the landlord. Engagement between the parties to clarify the respective contractual obligations of the student and the landlord is key in establishing whether a breach of contract had occurred.

Students may wish to contact their third level education providers to seek any assistance that they might be in a position to provide. If a student cannot come to an agreement with their accommodation provider, they might wish to contact the Residential Tenancies Board (RTB) regarding their concerns – – or to refer a dispute for resolution with regard to the non-refund of their deposit.

The RTB was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, or my Department to comment on or intervene in the specifics of any individual case, or to meet with anyone that may be party to a dispute lodged with the RTB. 

I understand that the Department of Education and Skills is working with representatives from the higher education sector to address the challenges faced by students in this difficult time. The Department of Education of Skills understands, based on the information available to it, that the majority of students in university-owned accommodation will receive pro-rata refunds if they vacate their accommodation.  The Minister for Education and Skills has indicated that he would wish to see this principle applied in the case of students who were residing in privately owned student accommodation. However, it is not within the remit of the Department of Education and Skills nor of my Department to direct any accommodation provider to offer  rent rebates or credits.