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Sharing a house on rent allowance

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  • 07-06-2013 2:50pm
    #1
    Registered Users Posts: 3,088 ✭✭✭


    Hi all,

    I am currently sharing a house and looking to apply for rent allowance. The landlord is a also living in the house, does he need to be registered with the tenancy board in order for him to receive the rent allowance? I have all the necessary paperwork from the rent allowance pack completed expect the tenancy agreement. :confused:


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Comments

  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    Assuming you are not living with the landlord, then he should be registered with the PRTB regardless. I dont know how this affects your ability to apply for RA.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    No I am living with the landlord.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    Then its not a tenancy and he doesnt have to register it with the PRTB.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    stevek93 wrote: »
    No I am living with the landlord.

    If you are living with the landlord in a relationship then it is not a tenancy and you will not get any rent allowance.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    No relationship, am sharing a house. I am wondering how I prove my tenancy agreement when the landlord is not registered with the tenancy board?


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  • Registered Users Posts: 2,068 ✭✭✭yermandan


    Just get him to draught up a signed letter of agreement stating the terms of your arrangement. That will suffice


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Will that work?


  • Registered Users Posts: 2,068 ✭✭✭yermandan


    Yes. You don't get a lease as the owner lives there so instead, you need proof from the owner that you are renting a room. I work in the sector!

    Good luck


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Grand so thanks.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Any writen agreement should be entitled "Licence Agreement" and a statement similar to:"This agreement creates a licence to occupy a room or rooms in a resident landlord’s own home and it is not a tenancy. Therefore, it is outside the scope of the Residential Tenancies Act 2004."

    Many of the terms of a written licence agreement are similar to those of a tenancy agreement except as regards exclusive use. A licensee has no exclusive use of any part of a property, no even his/her bedroom.

    The RA office may want to know how the utility bills are paid, included in the rent (and if so, what proportion) or separately.


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  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Quick update on this,

    I have been speaking with the local community welfare officer in the area recently. Have told him my circumstances that I am living with the landlord renting a room. I was told that a dafted letter from the landlord was not acceptable and to come back with a legal lease agreement. Also that if the landlord is not registered with the PTRB he will go to jail.

    In reading the "Residential Tenancies Act 2004" it clearly states that it does not apply to "rent a room" or other arrangements whereby the landlord is living in the dwelling.

    What I cannot understand is why do I need a legal lease agreement when I am renting a room in the landlords house and the fact the landlord needs to be registered with the PTRB when he only owns one property which he is living in with myself?


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    your CWO is a clown and doesn't know what they are talking about.


  • Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    Your CWO is clearly wrong.
    Make them aware of this in writing and/or complain to their superior.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    This is the letter that the CWO officer refused.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Your probably better off finding somewhere affordable on your own


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Gatling wrote: »
    Your probably better off finding somewhere affordable on your own

    Excuse me do you want to pay my rent? I think not, if I could afford rented accommodation without the need of the rent allowance do you not think I would be doing so?


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    stevek93 wrote: »
    Excuse me do you want to pay my rent? I think not, if I could afford rented accommodation without the need of the rent allowance do you not think I would be doing so?

    Its called a suggestion as it stands you could be literally homeless tomorrow if your landlord decided to want you out


  • Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    stevek93 wrote: »
    This is the letter that the CWO officer refused.
    Has the CWO refused you rent supplement?
    If so, definitely appeal to their supervisor. They used to be called SCWO, dunno what they are called now.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    stevek93 wrote: »
    Quick update on this,

    I have been speaking with the local community welfare officer in the area recently. Have told him my circumstances that I am living with the landlord renting a room. I was told that a dafted letter from the landlord was not acceptable and to come back with a legal lease agreement.

    Your landlord could give you a lease agreement but it is probably not worth the paper it is written on. Maybe ask for the CWO's supervisor as they have zero grasp of this type of tenancy.

    stevek93 wrote: »
    Also that if the landlord is not registered with the PTRB he will go to jail.
    hahaha what a moron.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Op have you been accepted on to the housing list or applied to yet


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  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Gatling wrote: »
    Its called a suggestion as it stands you could be literally homeless tomorrow if your landlord decided to want you out

    Yes true, but do you understand how hard it is to find accommodation that will accept rent allowance? And yes I am currently on the housing list.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    snubbleste wrote: »
    Has the CWO refused you rent supplement?
    If so, definitely appeal to their supervisor. They used to be called SCWO, dunno what they are called now.

    Yes twice, first time I was given outdated forums.


  • Banned (with Prison Access) Posts: 21,634 ✭✭✭✭Richard Dower


    stevek93 wrote: »
    Yes true, but do you understand how hard it is to find accommodation that will accept rent allowance? And yes I am currently on the housing list.

    Its damn near impossible mate!....even worse is the cap limits, try finding a place for 390pm..lol!

    And even less landlords want anything to di with RAS.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Pawwed Rig wrote: »
    Your landlord could give you a lease agreement but it is probably not worth the paper it is written on. Maybe ask for the CWO's supervisor as they have zero grasp of this type of tenancy.



    hahaha what a moron.

    I asked the CWO for a sample of a lease agreement and said no, the attachment https://us.v-cdn.net/6034073/uploads/attachments/224359/261195.jpg is what he refused. The problem I have is I was made homeless last month the landlord I knew as a friend before hand told myself I could stay in his spare room once I contribute to a means of rent a month. He has no acknowledge of letting out a room or dwelling which I am put in the firing line.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    stevek93 wrote: »
    Yes true, but do you understand how hard it is to find accommodation that will accept rent allowance? And yes I am currently on the housing list.

    Believe me I do and its getting harder every year


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Its damn near impossible mate!....even worse is the cap limits, try finding a place for 390pm..lol!

    And even less landlords want anything to di with RAS.

    The rates have gone up 17th of last month which is somewhat of a help.

    http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/supplementary_welfare_schemes/rent_supplement.html


  • Banned (with Prison Access) Posts: 21,634 ✭✭✭✭Richard Dower


    stevek93 wrote: »

    By how much a week?....any numbers for Limerick?


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    By how much a week?....any numbers for Limerick?

    All on the website I know it used to be €475 a month in Dublin.


  • Registered Users Posts: 3,088 ✭✭✭stevek93


    Could someone please explain to me what a licence agreement is oppose to a tendency agreement. Is it a legal letter or something the landlord can daft up himself?

    http://www.irishlandlord.com/index.aspx?page=infocentre_article_view&id=41

    If you choose to rent out a room(s) in your home, you are not covered by landlord/tenant legislation in Ireland. This means that you are not obliged to register with the PRTB as a landlord, provide a rent book to the tenant or ensure that the accommodation provided meets any minimum physical standards.

    This also means that private tenants living in your principal home are living under a "Licensee Agreement" not a tenancy agreement and are really only entitled to "reasonable notice" if you choose to terminate the agreement. Tenants are, however, entitled to refer disputes regarding periods of reasonable notice, retention of deposits, and disputes regarding deductions from rent for damage to property that is over and above normal "wear and tear" to the Small Claims Court.


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  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    Its my understanding that it means very little. Very few of the clauses that could be written into it would have any legal bearing, and it would be more about coming to an understanding between owner and lodger about how they want the letting to play out.


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