Dáil Éireann Debate, Tuesday - 18 April 2023
763. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he can recommend how a person renting a room in landlord-occupied or non-landlord occupied (details supplied) can seek justice in relation to this matter; if he agrees that there needs to be more protections in place for those in this situation and if he will make a statement in relation to this. [16867/23]
View answerThe Residential Tenancies Acts 2004-2022 regulate the landlord-tenant relationship in the private rented sector, and set out the rights and obligations of landlords and tenants. The Residential Tenancies Acts 2004-2022 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 Act and include, for example, a dwelling within which the landlord also resides.
A dispute in relation to a tenancy that is covered by the Residential Tenancies Acts may be referred to the Residential Tenancies Board - www.rtb.ie - to facilitate a resolution. If a dispute arises as to whether a purported licence or living arrangement is in fact a tenancy, the RTB can make a determination on the matter and if it is a tenancy, the Residential Tenancies Acts apply.
Section 84 of the Residential Tenancies Acts provides the RTB with a conditional right not to deal with certain disputes referred to it. The RTB is required to notify the party that he or she may make submissions to its Board to establish that the refusal to deal with the case is not well founded. Where the Board considers such submissions and remains of the view that the case should not be dealt with by the RTB, the party has a right to appeal that decision to the Circuit Court.
Section 19B of the Residential Tenancies Acts applies to tenancies created on or after 9 August 2021 and restricts the total amount that a tenant is required to pay to a landlord by way of a deposit or an advance rent payment to secure a tenancy to no more than the equivalent of two months’ rent (i.e. any deposit cannot exceed one month’s rent and any advance rent payment cannot exceed one month’s rent). A restriction of the equivalent of one month’s rent is also placed on the amount that a tenant is obliged to pay as a regular advance rent payment to a landlord during a tenancy. These measures are intended to greatly reduce any financial exposure to tenants, on foot of paying such restricted upfront payments.
The operation of the Residential Tenancies Acts and the residential rental market are kept under constant review by my Department and the RTB.
