Pat Buckley (Cork East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

1183.To ask the Minister for Housing, Planning, and Local Government if he is aware of the precarious situation of many renters in the State who live with their landlord and are not legally recognised as tenants, or have any of the rights tenants enjoy; and his plans to address the precarity of these kind of living situations and balance the rights of homeowners and those who are paying to live in their homes to avoid exploitation and mistreatment, which can lead to homelessness. [33409/24]

Pat Buckley (Cork East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

1184.To ask the Minister for Housing, Planning, and Local Government to provide a breakdown of the number of people renting and living with their landlord over the past five years. [33410/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 1183 and 1184 together.

The Residential Tenancies Acts 2004-2024 (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. 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.

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 and others residing in ‘digs’ or family homes where goodwill exists to ensure that both lodgers 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.

My Department and I are considering whether 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 could well impact negatively on the supply of this traditional and important source of accommodation for students and others.

The Residential Tenancies (Amendment) Bill 2024, a Sinn Féin Private Members' Bill, was not opposed by Government at second stage in Dáil éireann on 2 July 2024. Whilst there are a number of technical flaws in the Bill, and detailed legal advices are required, I believe that Bill would benefit from further discussion and scrutiny in committee. The impact of the measures contained in the Bill on supply will need to be very carefully considered, in tandem with legalities of the Bill.

A breakdown of the number of people renting and living with their landlord over the past five years is not available in my Department.