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Renting a room without an agreement?

  • 05-10-2012 11:16PM
    #1
    unreggd
    Registered Users, Registered Users 2 Posts: 3,835 ✭✭✭


    Renting a room in an apartment with one leaseholder

    Should I have a contract, from the leaseholder, or the landlord?

    What risks do I run by not having one?

    Advice appreciated!


Comments

  • #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Renting a room- you are living with either the landlord under licence, or the leaseholder, as a sublicensee. If you are a sublicensee- the leaseholder *needs* to have the express permission of the landlord to sublet to you- or else he is breach of his lease- and you, are living in a property without the knowledge and/or permission of the owner.

    Are you entitled to a lease in your right? No. You may have a rental agreement between you and leaseholder- however it is subservient to the lease itself between the leaseholder and the property owner.

    If you get yourself named on the main lease- you are covered by the rights and obligations of the main lease- if you do not- it is an informal rental agreement between you and the leaseholder- and if it is without the knowledge and permission of the owner- its a very tenuous position to be in- you could be asked to leave without notice, at all, as you are legally not a tenant.


  • #3
    unreggd
    Registered Users, Registered Users 2 Posts: 3,835 ✭✭✭unreggd


    Thanks for that

    Who can ask me to leave? The leaseholder, or the landlord, or both?

    If that happened, would I have any entitlement to rent paid + my deposit?


  • #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Depends on the exact circumstances.
    Who are you paying rent to?
    If the lease is in the name of the other person- technically they are the sole person renting the property- and they have rights and obligations with the landlord- you don't. You are 'renting' under licence from them, and have limited (if any) rights. If the landlord is made aware of the situation and its without their prior approval- you could be asked to leave there and then on the spot- you don't have the rights a tenant has in law.

    Normalise the situation.


  • #5
    riclad
    Registered Users, Registered Users 2 Posts: 8,184 ✭✭✭riclad


    IF the rent is cheap ,leave it as is.The Landlord may ask you to leave ,you have no legal right to stay there.
    .
    Risks are you could be asked to leave, anytime,
    no gaurantee you could get your deposit.
    IF the landlord knows,he could ask you to leave,
    theres likely a no sublets without permission in the rental agreement.
    you should at least have a receipt for deposit, get a rentbook, have a written record of the rent payments made.
    IN the present situation,i dont think you can claim
    tax credits for rent paid.
    if you are not happy with the situation ,
    start looking for new accomodation.


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