Rose Conway-Walsh (Mayo, Sinn Fein)
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1274. To ask the Minister for Education and Skills if his attention has been drawn to the fact that student accommodation providers are asking student to pay multiple months' rent in advance for the 2021-22 academic year despite the passing of the Residential Tenancies (No. 2) Act 2021 on 9 July 2021; and if he will make a statement on the matter. [40210/21]

Brendan Griffin (Kerry, Fine Gael)
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1276. To ask the Minister for Education and Skills his views on a matter (details supplied) in relation to third-level accommodation; and if he will make a statement on the matter. [40251/21]

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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1282. To ask the Minister for Education and Skills if he will request understanding and good-will from college authorities for students, parents and guardians regarding up-front payments for on-campus accommodation for the coming academic year despite Covid-19; if he will intervene before up-front payments become practice; and if he will make a statement on the matter. [40365/21]

Violet-Anne Wynne (Clare, Sinn Fein)
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1296. To ask the Minister for Education and Skills the reason students in UCC and UL are paying multiple month’s rent to secure accommodation in view of his commitment made earlier in the year that students would not be expected to pay upfront multiple month’s rent to secure accommodation (details supplied); and if he will make a statement on the matter. [40926/21]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 1274, 1276, 1282 and 1296 together.

As the Deputy will be aware, officials from my Department have been working with the Department of Housing, Heritage and Local Government on measures to ensure greater affordability of student accommodation. Legislation has passed the Oireachtas which restricts the up-front payments required to secure accommodation, including student accommodation, to no more than the equivalent of two months’ rent, and limit payments thereafter to on month’s rent at a time and the Act was signed into law on the 9th July.

The provisions of the Act relating to upfront payments take effect for any tenancies that commence at least one month after the passage of the Act and will therefore be in force prior to the beginning of the academic year.

It is the legal obligation of landlords and accommodation providers to comply with this legislation, and if a landlord seeks from a person the payment of an amount which is more than the equivalent of 2 month’s rent, that person can take a case to the Residential Tenancies Board, which is the relevant enforcement body, for dispute resolution. If it is found that a landlord has breached the Residential Tenancies Act, a sanction of a written caution and/or a sanction of up to €15,000 and a further €15,000 in costs can be imposed upon the landlord. Information on the RTB Dispute Resolution Service can be found on their website rtb.ie. My Department does not have a role in the enforcement of this legislation.

Rose Conway-Walsh (Mayo, Sinn Fein)
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1275. To ask the Minister for Education and Skills the safeguards that are in place to ensure that landlords do not favour students that opt-out of the payment of multiple months' rent up-front if they wish which creates an incentive for students not to avail of the protection and favour of students that have the financial means to pay in advance given the Residential Tenancies (No. 2) Act 2021 allows for students to opt-out; and if he will make a statement on the matter. [40213/21]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Residential Tenancies (No.2) Act 2021 restricts the up-front payments required to secure accommodation, including student accommodation, to no more than the equivalent of two months’ rent, and limit payments thereafter to on month’s rent at a time.

The legislation does contain an exemption for student specific accommodation, which was included to facilitate existing practice with regard to payment of tuition fees and accommodation fees for international students.

However the legislation states that this can only be invoked if the tenant so wishesand with the agreement of their landlord. Imposing such a payment scheme against the tenant's wishes would be contrary to the Act.

If a person feels that their rights under the Residential Tenancies Act have been breached that person can take a case to the Residential Tenancies Board, which is the relevant enforcement body, for dispute resolution. Information on the RTB Dispute Resolution Service can be found on their website rtb.ie. My Department does not have a role in the enforcement of this legislation.