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Question about renting and claiming JA.

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  • 09-03-2011 7:09pm
    #1
    Jim Stark
    Registered Users Posts: 66 ✭✭


    Hi, I'm wondering if somebody can clear some things up for me. I was let go from my job recently, and am now trying to claim JA. Since I started working, I've moved out from parents, and rented a room for first time in a house. The situation as I understand it, is that two people are renting the house from a landlord, and the two people are renting out a free room in the house to me. I had a meeting today with the social welfare officer about my claim, and they were asking me about leases, and the PRTB. I have a lease typed up between me and the tenants but they said it was not strong enough. Am I not entitled to rent assistance as part of the JA because I'm not registered with the PRTB, and don't have tenants rights??

    And if that's true, how does that fit with my claim, since I'm not living at home, or not officially a tenant?

    Thanks.


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    #2
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    As long as you have a lease and rent book or can prove your paying rent the PRTB doesnt matter most importantly you have to show that you have been paying rent for at least 6mths out of the last 12mths, be registered with the county council in your area, have 6mths of bank statments and the slip to show what your getting on JA


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    #3
    Jim Stark
    Registered Users Posts: 66 ✭✭Jim Stark


    I have a lease, but it's only between me and the tenants. I don't have a rent book. The only proof I can thing of would be withdrawals on my bank statements for the amount of the rent each month. They have asked me to bring in a lease, and PRTB, but I wondering what I can say to them as the reason why I don't have them.


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    #4
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Jim Stark wrote: »
    I have a lease, but it's only between me and the tenants. I don't have a rent book. The only proof I can thing of would be withdrawals on my bank statements for the amount of the rent each month. They have asked me to bring in a lease, and PRTB, but I wondering what I can say to them as the reason why I don't have them.

    If your subletting then your not covered by the PRTB - your only renting a room not the whole property and your 'landlord' lives there - did you explain this to the SWO? You might have issues if the people your renting from aren't allowed to sublet and your not covered by tenancy law.


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    #5
    Jim Stark
    Registered Users Posts: 66 ✭✭Jim Stark


    ztoical wrote: »
    If your subletting then your not covered by the PRTB - your only renting a room not the whole property and your 'landlord' lives there - did you explain this to the SWO? You might have issues if the people your renting from aren't allowed to sublet and your not covered by tenancy law.

    Yes I'm only renting a room, and I told the SWO this. The landlord doesn't live there. I live with two people who are renting the whole property and I pay rent to them. The landlord has been around a couple times and is aware the other rooms are rented out.

    I guess I'm a bit worried that by talking to the SWO that maybe I'll cause issues for the landlord, or the tenants if they're doing something they're not allowed to. I've never applied for JA before and I'm not sure about the legality of my situation. If I'm not entitled to any rent assistance because I'm only renting a room, maybe I can leave out the rent assistance part of the JA. I don't want to cause some kind of investigation into the landlord, because they're supposed to be paying extra tax for more tenants or something.


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    #6
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Jim Stark wrote: »
    Yes I'm only renting a room, and I told the SWO this. The landlord doesn't live there. I live with two people who are renting the whole property and I pay rent to them. The landlord has been around a couple times and is aware the other rooms are rented out.

    I guess I'm a bit worried that by talking to the SWO that maybe I'll cause issues for the landlord, or the tenants if they're doing something they're not allowed to. I've never applied for JA before and I'm not sure about the legality of my situation. If I'm not entitled to any rent assistance because I'm only renting a room, maybe I can leave out the rent assistance part of the JA. I don't want to cause some kind of investigation into the landlord, because they're supposed to be paying extra tax for more tenants or something.

    The main landlord is not your landlord - you are subletting from the other two so they are your LL (your contract is with them and I assume your paying rent direct to them)- if he is aware that they've subletted and has no issue then there shouldn't be a problem for him as long as he registered his tenants. You need to go back to the SWO and speak to someone who actually knows there are different types of tenancy.


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


    To be honest- irrespective of the 'lease' the two people have given the guy for the room, its entirely possible that they are subletting the room either with or without the knowledge of the owner of the property. As a subletting- it is not covered under normal tenancy law- and in general for CWO purposes, would not qualify for RA, or as time for RAS.

    Even using the rent-a-room scheme where the landlord was still living there, and the person merely a licensee, is treated more favorably than a situation such as described.


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