News
Changes to the Residential Tenancies Act
Immanent changes to the Residential Tenancies act will have a significant impact on student accommodation. While we are still waiting for these changes to be signed into law by the minister, and certain aspects still require clarification, it is important that any student living in rented accommodation familiarise themselves with the key points.
Key Points
The following changes only apply to tenancies created from 9 August 2021 onward:
- A deposit cannot exceed more than one month’s rent
- An advance payment of rent cannot exceed one month’s rent (meaning landlords cannot ask anyone to pay more than the equivalent of two months’ rent in total to secure a tenancy.)
- An advance payment of rent within the course of the tenancy cannot exceed one month’s rent
- Students living in Student Specific Accommodation (SSA) can opt to pay more than one month's rent in advance if they wish
- Students living in SSAs are only required to give 28 days' notice if they wish to terminate the agreement
- If a student feels a landlord is not complying with these points they refer the matter to the Residential Tenancies Board (RTB)
Further Information
The Residential Tenancies (No.2) Act 2021 (RTA(2) 2021) was enacted and apart from section 6, came into operation on 9 July 2021. There are changes which give greater protections and certainty for tenants, including students, such as limits on the amount landlords can require anyone to pay to secure a tenancy.
Landlords cannot ask anyone to pay more than the equivalent of two months’ rent in total to secure a tenancy.
If a landlord seeks from a person the payment of an amount which is more than the equivalent of two month’s rent, that person can take a case to the RTB for dispute resolution.
Students who occupy Student Specific Accommodation (SSA) may pay more than one month’s rent in advance if they wish to do so and with the agreement of the accommodation provider.
Students residing in SSA’s are only required to give 28 days’ notice to terminate their tenancy agreement
Start date
The limits on deposits and advance payments of rent introduced by the RTA(2) 2021 only apply to tenancies created from 9 August 2021 onwards.
Deposit and one month's rent
A deposit cannot exceed more than one month’s rent;
An advance payment of rent cannot exceed one month’s rent. In other words, landlords cannot ask anyone to pay more than the equivalent of 2 months’ rent in total to secure a tenancy. In addition, any ongoing advance rent payment during a tenancy cannot exceed one month’s rent.
Students who occupy Student Specific Accommodation may pay more than one month’s rent in advance if they wish to do so and with the agreement of the accommodation provider
Student Specific Accommodation (SSA)
There is an exception to these new rules for students who occupy Student Specific Accommodation (SSA). A student may pay more than one month’s rent in advance if they wish to do so and with the agreement of the accommodation provider.
Students who are residing at an SSA are only required to give 28 days’ notice to the provider, if they want to terminate the tenancy arrangement. These measures are aimed at improving the operation of the residential rented sector and protecting tenants, particularly during a sustained period of constrained supply in the private rental accommodation sector which has been negatively impacted by Covid-19.
During a tenancy, any advance rent payment cannot exceed an amount equivalent to 1 month’s rent.
Further Information for landlords and students can be found at RTA(2) 2021 or by reading the frequently asked questions on the RTB website.
Disputes
If a student feels a landlord is not complying with these points they can refer the matter to the Residential Tenancies Board (RTB)