Student Specific Renting – Leases and Licences

A new law was enacted in July 2024 affecting leases and licences granted to students. In accordance with Government’s commitment to the Housing for All plan increased protection has been granted to students in private residential areas enacted under the Residential Tenancies (Amendment) Act 2024(“the 2024 Act”). This gives added protection to students and the 2024 Act highlights several notable changes.

The 2024 Act includes changes which will apply to student specific leases and licences created after the commencement of the provisions which occurred on 12 July 2024.

The new law makes the following material changes:

  1. Prohibits the duration of leases and licences granted to students in student accommodation to not more than 41 weeks except when the students themselves request a specific arrangement for a longer period.
  2. Allows students, at their discretion, irrespective of the agreed fixed duration, to terminate the arrangement during the period 1 May to 1 October in any year on service of advance written notice on the landlord and;
  3. Prevents a landlord seeking advance rental payments from a tenant in excess of one month’s rent. The 2024 Act provides an advance payment of rent exceeding one month will only be permitted where it forms part of a combined payment in respect of both rent and tuition fees to the same entity.

This legislation will have a significant impact on student specific leases and licences.

Should you require further information on the material referred to in this note please to not hesitate to contact Aeibhin Cahalan, Partner, Commercial Property Team at ac@ofx.ie