Written answers

Tuesday, 8 September 2020

Department of Housing, Planning, and Local Government

Rental Sector

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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428. To ask the Minister for Housing, Planning, and Local Government the recourse available to a tenant (details supplied); and if he will make a statement on the matter. [21965/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2020 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.

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