Dáil Éireann Debate, Wednesday - 14 December 2022
82. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the steps that he is taking to ensure that those residing in digs have the same rights as those in traditional tenancies; and if he will make a statement on the matter. [62539/22]
View answerThe Residential Tenancies Acts 2004-2022 (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 do 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 licence is in fact a tenancy, the RTB can determine on the matter and if it is a tenancy, the RTA apply.
Traditionally, persons residing in ‘digs’ or family homes benefit from the goodwill that exists to ensure that both lodgers and home owners are happy with the arrangement. It is possible for the arrangements to be formalised by way of a licence between the parties, 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 is an integral housing solution that suits both lodgers and home owners, providing an important source of revenue and, in some circumstances, social interaction. Any attempt at regulating ‘digs’ is highly likely to impact negatively on the supply of this traditional and important source of accommodation.
I have no plans at this time to alter this position but will keep the matter under review.
