Written answers
Tuesday, 14 November 2023
Department of Education and Skills
Student Accommodation
Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source
618. To ask the Minister for Education and Skills if he is aware that student accommodation providers with the backing of the colleges around the Dublin area are proposing to move to 51-week contracts for students from next year; if he will acknowledge that a student who wanted to avail of student accommodation again for next year will have to sign up to a new contract and pay for the summer months when they are not there at all; if he will engage with the colleges, with a view to cancelling this planned change; and if he will make a statement on the matter. [49823/23]
Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source
The Residential Tenancies Act (as amended) 2019 brought Student Specific Accommodation (SSA) under the remit of the Residential Tenancies Board (RTB) on the 15 July 2019.
Section 19 b of the Act, provides that a person shall not be required, for the purpose of securing a tenancy, to make any payment other than;
" (a) an advance payment of rent, which shall be no greater than the amount of rent payable under the tenancy agreement in respect of a period of one month, and
(b) a deposit of an amount no greater than that payable under the tenancy agreement as rent in respect of a period of one month."
This means that a person cannot be expected to pay more than two months’ rent i.e one month’s deposit and one month’s rent in advance to secure a lease.
In addition, Section 19 B (2) of the Act provides that;
"a tenancy agreement, shall not provide for an advance payment of rent, during the currency of the tenancy, which exceeds an amount that is payable under the tenancy as rent in respect of a period of one month."
This means that a tenant is not required to pay more than one month's rent in advance during their tenancy.
A further protection of the Act refers to the required notice of termination;
Paragraph 2 (c) of Section 66 of the Act, provides that in the case of Student Specific Accommodation;
"the period of notice to be given in respect of a tenancy referred to in subsection (1A) of Section 3 by the tenant and specified in the notice of termination shall be 28 days or such longer period as the tenant choose."
This mean that students residing in Student Specific Accommodation (SSA) are only required to give 28 days’ notice to the provider of SSA, if they want to terminate the tenancy arrangement. These students can give a longer period of notice if they wish, but there is no requirement in law to do so.
Officials from my Department have engaged with HEI representatives who have indicated that their members have not sought nor been informed of a move to a 51 week letting period by private providers of student accommodation.
No comments