New Government Measures on Student Tenancies
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The Student Tenancies Bill (Residential Tenancies (Amendment) (No. 2) Act 2024) only published on 3 July 2024, was introduced, debated and passed all stages in both Dáil and Seanad by 11 July. With remarkable speed, it was signed into law by the President on Friday last 12 July 2024. It (together or section by section) will come into law following on Ministerial order.
It is a very short Act, specifically providing for the following matters in respect of student specific accommodation (SSAs) and to any “student leases” made in respect of same.
- Only a college renting to a student can require an advance payment of rent exceeding more than the equivalent of one month’s rent.
- Unless requested by the student tenant, and then agreed to by the SSA provider, no student lease is to exceed 41 weeks in length.
- A student tenant can, between 1 May-1 October, serve a Notice of Termination of its student lease (giving at least 28 days notice), without cause.
- Residential Tenancies Board (RTB) sanctions will apply to an SSA provider exceeding that 41 week limit.
The legislation will only come into effect for tenancies which are created after the particular section is brought into operation by the Minister. It will not therefore apply to, nor for instance can its provisions be relied upon by existing student tenants to terminate their existing student leases. That said, the Government has called on SSA providers to write to existing student tenants, offering to apply these new provisions to their existing student leases.
SSA providers, colleges, student unions and others advising prospective student tenants will need to speedily review documentation and advices to be given in respect of any student leases.