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Getting evicted - what to do?

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  • 21-04-2008 10:27am
    #1
    Gil2008
    Closed Accounts Posts: 5 ✭


    Hey Guys,

    Am new to this so hope its ok but I really need advice on things. My friend is renting at the moment and has been since May. The landlord wrote a letter to him asking him to leave. He went to threshold who said they were going to take the matter to the PRTB and now the lease has been frozen, the problem is the landlord is saying that he is not a tenant that he is ‘rent a room’ or something… How do we know if he is rent a room or not. He is on social welfare but does not have any lease with the landlord.
    Please can someone clarify this?


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    If the "landlord" is living in the house himself, he is most probably using the "Rent-a-room" scheme, whereby he can earn up to 10,000 per annum tax free from letting rooms in his house. If this is the case, unfortunately the "tenant" is not a tenant in the strict understanding of the law, he/she is simply living there under licence, and can be asked at any time to leave. It does not come under the PRTB, there is nothing in tenancy laws which can assist him/her.

    Note: if the landlord is not living in the house, its an entirely different situation.

    Shane


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    #3
    Gil2008
    Closed Accounts Posts: 5 ✭Gil2008


    The landlords daughter is living there and the landlord herself is coming and going all the time, the family have been there since a few months after he moved in. but the problem is he hasnt really kept his nose clean. the police were called because he attacked another tenant - (it really wasnt his fault) and he caused a bit of damage with an a leaking sink. But the family only moved in after he had moved in but he dosnt have a lease and i am sure he could prove the family werent living there. Thats hopeful?


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    #4
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    I wouldn't say so. Regardless of what it was like on Day 1, it seems that now he's living with the owner of the property, so unless he had a written lease from Day 1, it seems likely he'll be considered a licensee (as opposed to a tenant) and the fact that they wrote him a letter asking him to leave was probably more than they legally had to do.


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    To be honest, from what you've just said, I would be quite surprised if he were allowed to stay. It does sound as though the rules of the rent-a-room scheme are being adhered to, even if it might be otherwise argued. Written notification asking him to leave was politeness on the part of the owner- he can verbally be requested to leave without any notice whatsoever.


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    #6
    Gil2008
    Closed Accounts Posts: 5 ✭Gil2008


    Well thats what I thought too but he was saying it looks like they are going to be getting him out very soon. They may turn the electricity off. But if he was a licensee why would threshold bring it to the PRTB knowing he is a licensee?


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Threshold may not be in possession of the full facts of the case, or may think that there are sufficient grey areas for them to argue a case on his behalf. How is the house setup- e.g. is it subdivided into a series of self-contained units, or is it more akin to a house share?


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    #8
    Gil2008
    Closed Accounts Posts: 5 ✭Gil2008


    He has a shared bathroom and is has a room (with nothing else in it just a bed) and there is only one other tenant there. Threshold said they were taking it to PRTB becuase the place is a mess and becuase the eviction notice was illigeal ( it didnt have the standard format) but what I just dont get is everyone else is saying he is rent a room except threshold. They are finding it hard to get him another place so maybe they are just chancing their arm but what happens if the landlord decides they have had enough and locked the doors. Can he get compensation? Its just all so unclear and I have tried to contact threshold but they just say that he is a tenant but they dont go into how. I just dont want him to end up on the streets and have threshold say that they didnt realise but he is in fact a rent a room. Should i call the prtb?


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    #9
    gingerjoe
    Closed Accounts Posts: 10 ✭gingerjoe


    i dont get this if threshoold are saying the place is not up to standard, then why dont they get him a place ?have they visited the place?
    I thought not sure though !! that if the landlord was moving in then the tenants had to go ?
    sounds a bit messy to me why deosnt he just talk to the landlord and come to some arrangment ,some landlors are alright be easier then going through all the hassle!


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    #10
    Gil2008
    Closed Accounts Posts: 5 ✭Gil2008


    I just spoke to the prtb and they have no knowledge of a 'case'. I have no idea what is happening.


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    #11
    gingerjoe
    Closed Accounts Posts: 10 ✭gingerjoe


    are you confused TED?


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    #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    gingerjoe wrote: »
    are you confused TED?

    ??
    Like to elaborate.....


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