Darragh O'Brien (Dublin Fingal, Fianna Fail)
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With effect from 15 July 2019, the Residential Tenancies (Amendment) Act 2019, as amended, applied the Residential Tenancies Act 2004, as amended, to a licence agreement between a student and an owner of student accommodation. The Act defines ‘student accommodation’ to mean ‘a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times—

(a) whether or not the building or part of the building concerned is used for any other purpose outside of those times,

(b) whether or not any such students are permitted to reside there outside of those times, and

(c) whether or not any person other than a student resides there, provided that the purpose of the said person’s residing there serves the first-mentioned purpose.’

Section 3(1A) of the Residential Tenancies Act 2004, as amended, similarly applies that Act to a tenancy agreement between a student and an owner of student accommodation.

The Minister for Further and Higher Education, Research, Innovation and Science, Simon Harris and I have asked our Departments to engage on the decision of private student accommodation providers to move to 51-week leases. While there may be a market for 51 week leases among some members of the student population, it is not desirable for the vast majority of the student population. We have asked our Departments to establish the circumstances of the 51 week leases and consider what action may follow.

The Government is committed to enhancing protections for tenants. Under Housing for All, the Government has committed to improve the supply and affordability of rental accommodation and the security of tenure for renters, including students. Work is ongoing with Higher Education Institutes (HEIs) to ensure that more accommodation is built on and off campus, using cost-rental and other models. Housing for All provides that the Government support technological universities to develop purpose-built student accommodation where such a requirement exists, through access to appropriate financing.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2022 (the Acts) regulate the landlord-tenant relationship in the residential rental sector and set out the rights and obligations of landlords and tenants. The Acts apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. Dwellings covered by the Acts include the private rental sector, the cost rental sector, the Approved Housing Body sector and student accommodation (including tenancies and licences in student specific accommodation).

The Residential Tenancies (Amendment) Act 2019 provides for relevant rights and obligations to apply to tenancy and licence agreements in student-specific accommodation, provided by public educational institutions and private accommodation providers. Section 14 of the Residential Tenancies Acts provides that a landlord of a dwelling shall not penalise a tenant for referring any dispute between the tenant and the landlord to the Residential Tenancies Board (RTB) for resolution or for giving evidence in any proceedings under Part 6 (Dispute Resolution) of the Acts. This equally applies in respect of licence agreements in student specific accommodation. This protection also applies to a person who ceases to be a tenant/licensee by reason of the termination of the tenancy/licence.