Dáil Éireann Debate, Tuesday - 26 June 2018
590. Deputy Fiona O'Loughlin asked the Minister for Housing, Planning and Local Government the status of his commitment to bring student residences under the rules of the Residential Tenancies Board in respect of rent pressure zones; and if he will make a statement on the matter. [27632/18]
Amharc ar fhreagraRent Pressure Zones have their legal basis under the Residential Tenancies Acts 2004-2016, which regulate the landlord-tenant relationship in the private rented residential sector. Pursuant to section 3(1) of the 2004 Act, the Acts apply to every dwelling that is the subject of a tenancy. The provisions of the Acts, including those provisions providing for the rent pressure zone measure, do not apply where the dwelling is occupied by a person under an agreement which is not a tenancy agreement.
Licensing agreements, such as those that apply in respect of some types of student accommodation, are not covered by the legislative protections of the Residential Tenancies Acts because they are not deemed to be tenancy agreements for the purposes of the Acts. Consequently, the restrictions on rental increases in Rent Pressure Zones, provided for in the Acts, do not apply to accommodation types that are not subject to a tenancy agreement.
However, if there is any doubt as to the type of agreement in place in respect of individual dwellings, for example whether it is a tenancy or licence, the matter should be referred to the Residential Tenancies Board (RTB) for a determination.
In addition, the Department of Education and Skills (DES) is liaising with my Department, including through the forum of the Inter-Departmental Working Group on Student Accommodation which is convened by the DES, to examine the wide range of student accommodation types (and ancillary services) available with a view to considering how best to regulate pricing arrangements, including, if appropriate, new regulatory or legislative proposals. I have asked that both Departments consider further action in this area in the context of the forthcoming Residential Tenancies (Amendment) Bill 2018.
