Holly Cairns (Cork South West, Social Democrats)
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390.To ask the Minister for Housing, Planning, and Local Government to consider extending the remit of the Residential Tenancies Board to cover all tenants under the rent-a-room scheme; to detail any work undertaken by his Department on this issue to date; and if he will make a statement on the matter. [24810/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2022 (the RTA) regulate the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The RTA apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the RTA, and include for example, a dwelling within which the landlord also resides.

The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

Where a dwelling is occupied by a person under an arrangement or agreement which is not a tenancy covered by the RTA, for example, where a bona fide licensing arrangement exists, the RTB does not have any jurisdiction or function. It is a private contractual matter between the parties as to type of agreement/arrangement to put in place. If a dispute arises as to whether a purported license is in fact a tenancy, the RTB can determine on the matter and if it is a tenancy, the RTA applies.

Traditionally, rent-a-room arrangements are entered by students residing in ‘digs’ or family homes where goodwill exists to ensure that both students and home owners are happy with the arrangement. It is possible for rent-a-room arrangements to be formalised by way of a licence agreement between the parties to a rent-a-room arrangement, including in respect of student digs, but this is a matter of choice for the parties themselves to agree on.

I do not consider that there is a need for a legal regulatory framework in this area. Digs accommodation and licence arrangements, generally, are an integral housing solution for students and other renters as well as an important source of revenue and, in some circumstances, social interaction for homeowners. Any attempt at regulating ‘digs’ or licence arrangements is highly likely to impact negatively on the supply of this traditional and important source of accommodation for students and others.

Section 37 of the Residential Tenancies (Amendment) Act 2019, as amended, extended the application of the RTA to cover licence arrangements in student specific accommodation, where the rented property is not occupied by the owner. I have no plans at this time for the RTA to cover other licence arrangements but I will keep the matter under review.