The Residential Tenancies Board (RTB) have ruled that College’s overnight guest policy is legally “unenforceable” under Irish law.
The RTB found that the policy, which requires campus and Trinity Hall (Halls) residents to apply for overnight guests, violates their right “to enjoy peaceful and exclusive occupation of the dwelling” under the Residential Tenancies Act 2004.
It also found that: “from an objective standpoint,” College’s restrictions on overnight guests “would be considered an unreasonable restriction on any tenant’s occupation of a dwelling”.
It further added that the requirement to disclose the identity of guests “who might stay overnight with a tenant at short notice” is “a breach of privacy”.
The ruling was made following a dispute brought by former president of Trinity College Dublin Students’ Union (TCDSU) László Molnárfi, now an investigative reporter for Trinity News.
College has confirmed to Trinity News that it will appeal the decision “in a bid to obtain more clarity”.
It argued that the policy, which requires residents to provide advance notice of guests via an electronic request, is “a pragmatic policy designed primarily to protect students living on campus”. It added that this “is in line with sectoral norms”.
“It has been our view that university campus accommodation is unlike ‘normal’ residential provision.”
“Students share accommodation on campus so overnight guests have an impact on other residents. Most students on campus are in their final year of study and many prefer that their residence is a quiet environment to study.”
The application of the Residential Tenancies Act was extended to licences and licence agreements, which College uses rather than leases, by an amendment act in 2019.
Molnárfi, who submitted the complaint in February on behalf of TCD Renters’ Solidarity Network, said the ruling was a vindication of students’ opposition to “an unreasonable restriction on students and a breach of privacy”.
“It is a hypocritical, paternalistic and dangerous policy which is imposed on student tenants at Halls and campus,” he added.
“Shamefully, Trinity is appealing the ruling. We call on all progressive forces to demand that Trinity withdraw its appeal.”
A spokesperson for the group told Trinity News: “TCD Renter’s Solidarity Network celebrates the actions of the RTB in overturning the famously unpopular and paternalistic overnight guests policy, acting in line with the demands of hundreds of students who mobilized with petitions and protests to achieve this repeal. ”
“In this moment of victory, we would like to call students’ attention to College’s new attempts to appeal this ruling, with administration clinging on to any means possible of regulating students’ personal lives. We demand College rescind its appeal immediately, and call on students to mobilise to protect their rights.”
In November 2023, TCDSU called on College to repeal the policy, saying that it “disproportionately limits the rights and autonomy of student [residents]”.
In a statement, TCDSU welcomed the ruling from the RTB.
“This ruling echoes what we in TCDSU/AMLCT have been saying for years: Trinity does not do all that it can to uphold the duty of care it has to its students. We implore trinity to end this policy, and give students the basic dignity of allowing guests in their accommodation overnight.”
This article was updated at 1.25pm to include a statement from TCDSU.
This article was updated at 2pm to include a statement from TCD Renters’ Solidarity Network.
