Update: Irish government is to enact legislation in respect of Purpose-Built Student Accommodation (PBSA)

Back in May, we flagged anticipated legislation that student accommodation leases are confined to the academic year. We can now update you that on 10 July 2024, the Residential Tenancies (Amendment) No.2 Bill 2024 (the 2024 Bill) was passed by Dáil Éireann and is currently with Seanad Éireann for review.  

The 2024 Bill makes the following proposals to amend the Residential Tenancies Act 2004 relating to tenancies of what is in other words PBSA (referred to in section 3 (1A) of the Residential Tenancies Act 2004): 

• To permit advance payment of rent exceeding an amount equivalent to one month's rent only where a person is paying both rent and tuition fees to the same person.
• To limit tenancies (unless at the request of a prospective tenant) to not more than 41 weeks.
• To place sanctions for improper conduct by a landlord in relation to the duration of the tenancies.
• To enable a tenant of PBSA, regardless of a landlord's compliance with the tenancy obligations, to serve a notice of termination between 1 May and 1 October in any year.

Seanad Éireann has passed a motion to approve the early signature of the 2024 Bill and so we are likely to have further updates on its progress very soon. We anticipate once passed, the legislation will be commenced so as to be effective for the coming academic year.