Legislation Update Ireland: New Protections for Student Renters

On 12 July 2024, the Government enacted the Residential Tenancies (Amendments) (No.2) Act 2024 (the "Act"). The Act is designed to enhance protections for students seeking private rented accommodation. 

Key highlights of the Act include:

Commencement

Although not yet in effect, the Act is expected to be operational before the 2024/2025 academic year, offering timely protections for students.

Maximum Duration of 41 Weeks

A pivotal change is the cap on leases and licences for student-specific accommodation ("SSA") to a maximum of 41 weeks. This adjustment is to ensure alignment with the academic calendar from September to May, alleviating the financial burden on students during the summer break. While students can request leases and licences for longer durations, landlords are restricted from requesting extensions beyond this period, with potential sanctions from the Residential Tenancies Board ("RTB") for non-compliance.

Advance Payments

A general rule under the Act now restricts landlords from requiring more than one month's rent as an advance payment. This rule applies across all residential tenancies, including SSAs.

In the context of SSA, an advance payment of rent exceeding more than one month's rent can only be requested where that payment is part of a combined payment of rent and tuition fees to an education provider. Importantly, both the rent and the tuition fees must be paid to the same party.

The above provisions of the Act will also apply to third party providers or suppliers of SSA e.g. those who provide such accommodation via nomination agreements with the owner of the property. As such, a loophole sometimes used by private rental sector landlords to avoid some of the provisions of the residential tenancy legislation has been closed.

Student Termination Rights

From the commencement of the Act, students will gain the right to terminate their lease or licence with a 28-day written notice from 1 May to 1 October annually, without the need for the landlord to breach any obligations.

This legislation marks a significant step towards providing a fairer and more equitable housing situation for students. For further details or to discuss how this might impact you, please reach out to our Dublin real estate team at Simmons and Simmons. We are here to support and guide you through these changes.