Residential Tenancies (Amendment) Act 2019
Application of Act of 2004 to certain licences | ||
37. (1) The Act of 2004 shall apply to licences and licence agreements as it applies to tenancies of dwellings referred to in subsection (1A) of section 3 of that Act and tenancy agreements relating to such tenancies, subject to the following, and any other necessary, modifications: | ||
(a) references to tenancy shall be construed as references to licence; | ||
(b) references to tenancy agreement shall be construed as references to licensing agreement; | ||
(c) references to landlord shall be construed as references to licensor; | ||
(d) references to tenant (other than a tenant to whom the definition of “multiple tenants” in subsection (1) of section 48 applies) shall be construed as references to licensee; | ||
(e) references to dwelling shall be construed as references to a residential unit (whether or not self-contained) situated in student accommodation; | ||
(f) references to rent shall be construed as references to payments or charges (howsoever described) payable under a licence agreement to the licensor by any person (whether or not the licensee) in consideration of the licence concerned; and | ||
(g) the deletion, in paragraph (a) of subsection (1) of section 12, of the words “and exclusive”. | ||
(2) In this section— | ||
“licence” means a licence— | ||
(a) given by the owner (in this section referred to as the “licensor”) of student accommodation to a student (in this section referred to as the “licensee”), and | ||
(b) created not earlier than one month after the commencement of this section, | ||
permitting the licensee to enter and reside in a residential unit (whether or not self-contained) within that student accommodation in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor; | ||
“licence agreement” means an agreement (whether or not in writing) between the owner of student accommodation and a student giving a licence to the student; | ||
“owner” has the meaning assigned to it by section 96 of the Planning and Development Act 2000 ; | ||
“student” means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ); | ||
“student accommodation” means a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times under a licence— | ||
(a) whether or not the building or part of the building concerned is used for any other purpose outside of those times, | ||
(b) whether or not any such students are permitted to reside there outside of those times, and | ||
(c) whether or not any person other than a student resides there, provided that the purpose of the person’s residing there serves the first-mentioned purpose, | ||
but does not include a building or part of a building used for the first-mentioned purpose where the licensor (other than a licensor who is not an individual) also resides in the building or part of the building concerned. |