Property "no longer suited to the tenants' needs"

CathleenN

One of the reasons a Part 4 tenancy can be terminated is when the property is "no longer suited to the tenants’ needs (e.g. overcrowded)". Could anyone please clarify whether there is any official interpretation of this clause? For example, if a young couple rents a 2-bed apartment and then a kid is born, can the landlord terminate the tenancy because the property is "overcrowded"? Large 1-bed apartment? Bedsit (ok, just kidding )?
In short, are there any official guidelines, or is it entirely at the landlord's discretion?

Jo King

There are guidelines for overcrowding with regard to grants and rehousing. It is likely that these would be the yardstick used by the PRTB. Generally children should have bedrooms separate from parents. Children of different sexes over the age of 8 should not share bedrooms. Most unlikely that a married couple with one child in a 2 bedroomed apartment would be deemed to be overcrowded. There might be issues with access which would make the accommodation unsuitable for the tenant.

CathleenN

Thanks for your answer! Could you please point me to these regulations if they are available online?

Victor

CathleenN wrote: »

For example, if a young couple rents a 2-bed apartment and then a kid is born, can the landlord terminate the tenancy because the property is "overcrowded"?

No. A 2-bed apartment would be expected to house 3-4 people, so that wouldn't apply. Five or more people perhaps. 15 people certainly.

athtrasna

Each property registered with the PRTB has a certain number of registered bed spaces (register available on prtb.ie) - I'm not sure what the consequences of exceeding this are..but I have in the past reported a neighbouring unit due to noise (25 people in a 3 bed)...and the tenants left. Not sure what action was taken but what ever it was it worked!

CathleenN

Thanks athtrasna, that's very helpful!