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Student Accommodation

Dáil Éireann Debate, Thursday - 30 July 2020

Thursday, 30 July 2020

Ceisteanna (509)

Aodhán Ó Ríordáin

Ceist:

509. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Planning and Local Government his plans to ensure refunds are provided to students for all relevant payments of accommodation provided under section 13(d) of the Planning and Development (Housing) and Residential Tenancies Act 2016 in which the accommodation has been vacated by the student due to the suspension of higher education activity due to Covid-19; and if he will make a statement on the matter. [20512/20]

Amharc ar fhreagra

Freagraí scríofa

With effect from 27 March 2020, emergency measures were introduced into law to protect tenants during the COVID-19 emergency period. Tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances, during this period. These emergency laws initially applied for a period of 3 months from the enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and were subsequently extended to 20 July by the previous Government.

On my request, after consultation with the Minister for Health, and with the consent of the Minister for Public Expenditure and Reform, the Government has made an Order extending the emergency period until 1 August 2020.

My Department recently published a Guidance Document on Covid-19 supports for landlords and tenants which sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period. The Guidance document is available at:

https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf

and a list of Frequently Asked Questions has been developed and is available at:

https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf.

The Residential Tenancies Acts 2004-2019 provide for minimum notice periods to be served by tenants and landlords for tenancy terminations – for example, a student must provide 28 days notice to end a tenancy of less than 6 months duration or 35 days to end a tenancy of more than 6 months but less than 1 year.

The Acts do not prescribe specific terms and conditions regarding the payment of rents or deposits for inclusion in individual letting agreements in the private rental market including the student-specific accommodation sector. Contract law governs such arrangements.

The specific terms associated with an individual student’s rights and obligations are likely to be set out in a written contract signed by both the student and the landlord. Engagement between the parties to clarify the respective contractual obligations of the student and the landlord is key in establishing whether a breach of contract had occurred.

Students may wish to contact their third level education providers to seek any assistance that they might be in a position to provide. If a student cannot come to an agreement with their accommodation provider, they might wish to contact the Residential Tenancies Board (RTB) regarding their concerns – https://www.rtb.ie/– or to refer a dispute for resolution with regard to the non-refund of their deposit.

The RTB was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants.

I understand that the Department of Education and Skills is working with representatives from the higher education sector to address the challenges faced by students during this difficult time. The Department of Education of Skills understands, based on the information available to it, that the majority of students in university-owned accommodation will receive pro-rata refunds if they vacate their accommodation. The former Minister for Education and Skills indicated that he would wish to see this principle applied in the case of students who were residing in privately owned student accommodation. However, it is not within the remit of the Department of Education and Skills nor of my Department to direct any accommodation provider to refund rents paid.

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