The complaint filed by former Trinity College Dublin Students Union (TCDSU) President László Molnárfi to the Residential Tenancies Board (RTB) regarding College’s “paternalistic” overnight guest policy has been upheld, requiring College to make a new policy, Molnárfi confirmed to the University Times.
The overnight guest policy which was struck down by the RTB requires students to register overnight visitors and receive permission from College to host those visitors, both in on-campus housing and Trinity Hall. The policy also restricted the number of guests a student was allowed to host.
The ruling stated that “the Residential Tenancies Act 2004, determines that: The Respondent Licensee’s complaint, regarding the Appellant Licensor’s breach of obligations under the Act in failing to allow the Licensee to enjoy peaceful occupation in respect of the former licence of the residential unit at House 15, The University of Dublin Trinity College, College Green, Dublin 2, is upheld.”
Former TCDSU President László Molnárfi first brought the matter to the RTB via adjudication in July, calling the policy an “unreasonable restriction on students and a breach of privacy”. It was ruled by the RTB in September that the policy violated tenants’ rights, though Trinity later appealed the ruling, arguing that student accommodation is markedly different from typical shared living spaces.
Molnárfi confirmed to the University Times that the RTB has upheld the complaint against the overnight guests policy, and that the current policy is struck by law. The RTB, under the Residential Tenancies (Amendment) Act 2004, have the power to enforce legislation via cautions or sanctions of up to €15,000 on landlords who “do not meet their obligations as a landlord” – though these powers are usually used for termination of tenancy notices and Rent Pressure Zones.
It remains unclear how the College will respond to this ruling. Molnárfi believes the ruling means that Trinity will make a new policy regarding overnight guests. TCDSU have proposed an option which abolishes the policy entirely. Alternatively, Molnárfi believes that College could ban overnight guests after a set time and establish a new license– though he says it is unlikely College will do so.
Other outcomes from the ruling include a set precedent for universities across the country, who could now be vulnerable to complaints regarding their own overnight guest policy.
Molnárfi and current TCDSU President Jenny Maguire appeared in an Instagram video posted by TCDSU on Wednesday night, informing students of the change and claiming that any students whose guests are denied entry are entitled to claim damages from the RTB.
The College has been contacted for comment.
