Dáil Éireann Debate, Tuesday - 10 February 2026
688. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage his plans to clarify in primary legislation that where the practical hallmarks of a tenancy exist (exclusive possession of a room, rent, fixed term, shared common areas), the arrangement is treated as a tenancy for the purposes of the Residential Tenancies Acts, and rent pressure zone rules; and if he will make a statement on the matter. [9178/26]
Amharc ar fhreagraThe Residential Tenancies Acts 2004 to 2025 (the RTA) regulate the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants.
The RTA, including the rent increase restriction, apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the RTA does not apply are set out in section 3(2) of the RTA, and include for example, a dwelling within which the landlord also resides.
Section 12 of the RTA provides that, in addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling.
Where a dwelling is occupied by a person under an arrangement or agreement which is not a tenancy covered by the RTA, for example, where a bona fide licensing arrangement exists, the RTB does not have any jurisdiction or function. It is a private contractual matter between the parties as to type of agreement/arrangement to put in place. If a dispute arises as to whether a purported licence is in fact a tenancy, the RTB can determine on the matter and if it is a tenancy, the RTA applies. There does not appear to be any need for legal clarification in this regard.
Traditionally, rent-a-room arrangements are entered into on the basis of goodwill and to the satisfaction of both the licensor and licensee. It is possible for rent-a-room arrangements to be formalised by way of a licence agreement between the parties, but this is a matter of choice for the parties.
The Residential Tenancies (Miscellaneous Provisions) Bill 2026 www.oireachtas.ie/en/bills/bill/2026/11/ - published on 3 February 2026, provides for national rent increase restrictions to apply from 1 March 2026. The related Explanatory Memorandum provides details on the new rent increase restrictions.
