Dáil Éireann Debate, Wednesday - 3 February 2021
518. Deputy Brendan Howlin asked the Minister for Further and Higher Education, Research, Innovation and Science the protections being provided for students in the 2021-2022 academic year in relation to the payment of accommodation on or near campuses; if students who are required to pay for accommodation in advance will have their payments refunded if the accommodation cannot be availed of; and if he will make a statement on the matter. [5022/21]
View answerI am conscious that students will wish for clarity as soon as possible in regard to the format of the 2021-2022 academic year. However given the evolving public health situation it is not possible at this time to provide any concrete information on what the new academic year may look like. I would encourage students to engage with their higher education institution regarding their plans for the 2021 academic year in advance of booking student accommodation.
Students who are renting private accommodation under a lease are entitled to the same legal protections as any other tenant. Tenant rights are set out in the Residential Tenancies Act (2004, as amended). There is protection provided under this legislation for deposits, as as they are considered the lawful property of the tenant until the landlord establishes a right to it. Information on tenant rights and responsibilities are available on the website of the Residential Tenancies Board (RTB).
The emergency rental provisions brought in as part of the Emergency Measures in the Public Interest (Covid-19) Act 2020, which expired on 1 August, applied to student accommodation. Any future legislation on this matter will also cover student accommodation.
For student-specific accommodation the license terms including cost, duration, refund and cancellation policies should be set out in the license agreement signed at the beginning of the academic year. Under the Residential Tenancies (Amendment) Act 2019 students residing in student-specific accommodation under licence agreements have access to the Dispute Resolution Services of the Residential Tenancies Board (RTB).
The Deputy will be aware that the university sector has been actively engaging with students on the issue of accommodation refunds for the current academic year. As a result of the decision to minimise on-site teaching, all universities have confirmed that students who opted to leave their university-owned student accommodation as a result of reduced on-campus activity will be offered refunds or rental credits. The processing of these refunds is a matter for the universities themselves, and any student who wishes to receive a refund for their on-campus accommodation should engage directly with their university’s accommodation office.
In the case of privately-owned student accommodation, I am urging providers to be flexible in finding solutions given the circumstances that students find themselves. There are, however, no powers available to me under the current legal framework to direct any particular course of action. Refund or cancellation policies in student accommodation should be set out in the license agreement signed at the beginning of the academic year. In the first instance students should engage with their accommodation provider to see if an arrangement can be reached. If this is not possible, students have access to the Dispute Resolution Services of the Residential Tenancies Board.
