Rory Hearne (Dublin North-West, Social Democrats)
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384. To ask the Minister for Housing, Planning, and Local Government the measures his Department is taking to protect renters who are subletting; and if he will make a statement on the matter. [50147/25]

Rory Hearne (Dublin North-West, Social Democrats)
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385. To ask the Minister for Housing, Planning, and Local Government if he will consider introducing legislation to protect renters who are in a subletting arrangement and are not covered under the Residential Tenancies Act 2004; and if he will make a statement on the matter. [50148/25]

Rory Hearne (Dublin North-West, Social Democrats)
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386. To ask the Minister for Housing, Planning, and Local Government if he will consider introducing legislation to protect renters in digs accommodation; and if he will make a statement on the matter. [50149/25]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 384 to 386, inclusive, together.

The Residential Tenancies Acts 2004 to 2025 (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 RTA 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 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.

While this Department cannot provide legal advice, section 16(k) of the RTA states that a tenant shall not assign or sub-let the tenancy without the written consent of the landlord (which the landlord, in his or her discretion, may withhold). Where sub-letting is permitted by the landlord, the RTA will apply to the sub-tenancy.

Under section 50(7) of the RTA, a person who is lawfully in occupation of a dwelling the subject of a Part 4 tenancy as a licensee of a tenant may, subject to limited exceptions, request the landlord to allow the licensee to become a tenant. Section 50(8) provides that the landlord may not unreasonably refuse to accede to such a request.

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.

The operation of the Residential Tenancies Acts 2004 to 2025 are kept under constant review by my Department to ensure that they are fit for purpose.