Brendan Smith (Cavan-Monaghan, Fianna Fail)
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562. To ask the Minister for Education and Skills if he will ensure higher education institutions that have on-campus accommodation refund in full deposits for accommodation paid by applicants who subsequently may not be able to take up the offer of accommodation due to a college placement elsewhere or failure to obtain a particular college placement at that time; and if he will make a statement on the matter. [24098/22]

Simon Harris (Wicklow, Fine Gael)
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Higher education institutions are autonomous within the meaning of the Universities Act 1997, the Institutes of Technology Acts 1992 to 2006 and the Technological Universities Act 2018. As such they are independent in relation to their policies in management of their student accommodation. Refund or cancellation policies in student accommodation should be set out in the license agreement signed at the beginning of the academic year.

There are no powers available to me under the current legal framework to direct any particular course of action. While policies may differ somewhat between institution to institution, my understanding is that the norm is for universities to offer at least some amount of refund, albeit often with the proviso that it be sought out within a specific time frame.

Restrictions have also been put in place to limit the amount that students can be required to pay up front for their accommodation, ending the practice whereby students were required to pay a lump sum up front each term. The total amount that anyone is required to pay to a landlord by way of a deposit or an advance rent payment to secure a tenancy to no more than the equivalent of 2 months’ rent- that is one month’s rent, and one month’s deposit. In addition, student accommodation is subject to Rent Pressure Zone caps.

Students seeking refunds should, in the first instance, engage with their accommodation provider to see if an arrangement can be reached. If this is not possible, under the Residential Tenancies (Amendment) Act 2019 students have access to the Dispute Resolution Services of the Residential Tenancies Board (RTB).