Sharing a house on rent allowance

stevek93

djimi wrote: »

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.

True there is no legal way to justify both parties. What I am wondering is will it be acceptable in the eyes of the SWO?

djimi

That I couldnt tell you. It confirms that you are living there I guess and presumably how much you are paying. Whether or not that is sufficient I dont know.

quietsailor

Here is a link to Threshold's webpage about rent a room schemes, They actually state that the LL doesn't need to be registered with the PRTB.

Here is the PRTB page on Licencees

Can you print these out and bring them into that ... CWO (I don't want to type what I think of him/her I'll get banned)

The_Conductor

D3PO wrote: »

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

I wouldn't have put it quite so bluntly, but I agree with you- the CWO hasn't a rats arse what they're talking about.

OP- the letter you got- is inaccurate and factually incorrect.

Something along the lines of:

To whom it may concern,

I, (name) owner of (address) wish to confirm that Stevek93 is renting a room from me under the Rent-a-room scheme, and living at (address). Stevek93 is living with me under licence, and his residence is not subject to any provisions of the 2004 Residential Tenancies Act, as I, the owner, remain resident in the property.

Stevek is paying rent of EUR300 per month. (Leave out the crap about understanding its from rent allowance- its wholly irrelevant, and only murky'ing the whole situation).

As I am residing in the property myself, Stevek93 is living with me under licence, there is no legal tenancy, and therefore Stevek93's continued residence is outside all terms of the 2004 Residential Tenancies Act.

If you'd like to discuss this with me- feel free to contact me between (give times)

Yours sincerely,

(Owner of the property)

stevek93

Thanks for everybody's reply's, I have been speaking too a member of staff in the local welfare office this morning explaining my situation even though I have it in writing that the tendency act does not apply and does the landlord need to be registered with the PRTB a hard copy from the irishlandlord.com website they are still protesting their innocence. When I mentioned the rent a room scheme I was told it does not apply that I cannot use it to claim rent allowance, next when I ask him he does he know or has ever hear about rent a room scheme he said no. I asked about the PRTB and was told yes the landlord does need to be registered as they use it to process claims even though I presented him with the residential act of 2004 stating it does not apply to rent a room scheme. Next I was told the same waffle too come down with a tendency agreement filled in from the landlord as they will not accept The_Conductor drafted letter from the landlord. When I asked to speak to a supervisor I was told no then asking for his name was also told no him saying I am not speaking to you anymore and proceeded to walk away.

With no luck in the HSE clinic, I tried the welfare office next door. Multiple times asking for a supervisor she finally came to the window, I must say she was very understanding of my situation but still demanded a lease agreement.

What I am wondering now after having the landlord fill out the tendency agreement should I just go ahead with it?

I must say the welfare needs to educate their staff big time.

StillWaters

That's incredibly poor service all round. I think you might have to contact your local TDs office, explain the situation to them. A phone call from their office will achieve more than a dozen visits from you sadly. You can find their details on dailwatch.ie

djimi

If they want a tenancy agreement then find one online, get the landlord to fill it out and send it into them. Doesnt really matter what it says; it could be written on a roll of toilet paper for all the legal standing it would have, but make sure that it has the address and rental amount on it. That might keep them happy.

The_Conductor

djimi wrote: »

If they want a tenancy agreement then find one online, get the landlord to fill it out and send it into them. Doesnt really matter what it says; it could be written on a roll of toilet paper for all the legal standing it would have, but make sure that it has the address and rental amount on it. That might keep them happy.

Sigh.....
Someone needs to seriously educate the staff on the 2004 Residential Tenancies Act.

Course of least resistance- is to get the owner to fill out a lease, though why he or she would willingly do this is another story (a lease is a legally binding agreement- even if its intent is simply to get over the ignorance at the local welfare office).

Frankly- I'm appalled that no-one in the local office had the gumption to even google what you were saying- their lack of humanity (and to be honest- curiousity) is mind boggling.

stevek93

Right just back from the SWO office so good so far except for one thing, they are processing my claim but still are debating the fact the landlord needs to be registered with the PRTB to use their service even though he mentioned himself that he was going under the rent a room scheme. I am going to speak to the local TD to shed some light on this as it really has me baffled.

I have used the lease agreement which I know there was really was no need, I am also going to make a official complaint to the welfare office.

The_Conductor

He is not a landlord. He is someone letting a room in his house under the rent-a-room scheme. When you keep calling him a landlord- it implies he is renting you something, when he isn't. You're using the terminology of a landlord/tenant situation- when the situation does not exist.

djimi

stevek93 wrote: »

Right just back from the SWO office so good so far except for one thing, they are processing my claim but still are debating the fact the landlord needs to be registered with the PRTB to use their service even though he mentioned himself that he was going under the rent a room scheme. I am going to speak to the local TD to shed some light on this as it really has me baffled.

I have used the lease agreement which I know there was really was no need, I am also going to make a official complaint to the welfare office.

Get onto Threshold/PRTB and get them to send you something in writing to say that the owner-occupier does not need to be, and indeed cannot be, registered with the PRTB.

And I agree; youll make it easier on yourself if you stop using terminology like landlord and tenant, which do not apply in this case.

Pawwed Rig

djimi wrote: »

Get onto Threshold/PRTB and get them to send you something in writing to say that the owner-occupier does not need to be, and indeed cannot be, registered with the PRTB.

I dunno. He said he brought in a copy of the Act and they still didn't believe him so it looks like these guys aren't for turning. It would be a simple matter for them to check but it sounds like they just can't be arsed and if they can't tick their little box then they will make life difficult.

djimi

Pawwed Rig wrote: »

I dunno. He said he brought in a copy of the Act and they still didn't believe him so it looks like these guys aren't for turning. It would be a simple matter for them to check but it sounds like they just can't be arsed and if they can't tick their little box then they will make life difficult.

Well a letter from the PRTB saying that the owner-occupier cannot register with them is about as conclusive as it will get, so if that doesnt do the trick then the OP may as well give up.

The_Conductor

Pawwed Rig wrote: »

I dunno. He said he brought in a copy of the Act and they still didn't believe him so it looks like these guys aren't for turning. It would be a simple matter for them to check but it sounds like they just can't be arsed and if they can't tick their little box then they will make life difficult.

Hes probably calling the guy his landlord to their faces- the same way he has been here. Is it any wonder there is confusion?

stevek93

I made it very clear to the CWO officer he is technically not a landlord that I am under a licence but he still will not listen, I am using the term landlord here as its easier. Cannot find a working phone number from the PRTB might drop them a email.

djimi

Try 0818 303037 for PRTB.

stevek93

djimi wrote: »

Try 0818 303037 for PRTB.

Worked thanks. Again they said there is no need for the landlord to register with the PRTB, am waiting for a letter to arrive to state the outcome of my claim hopefully the claims office is a little more educated. Thanks for everyones help.

Richard Dower

stevek93 wrote: »

Worked thanks. Again they said there is no need for the landlord to register with the PRTB, am waiting for a letter to arrive to state the outcome of my claim hopefully the claims office is a little more educated. Thanks for everyones help.

Steve, this CWO sounds like a right eejit and dickhead tbh....he probably think your trying to pull a fraud. I'd like to see this go in your favour just to put him in his place that he hasent a clue about his job.

stevek93

Good news, letter arrived Wednesday stating my claim has been progressed. One thing I don't understand is where is the money being sent all it says on the letter is it is paid on the last Monday of every month with no means of how too collect the money?

foggy_lad

stevek93 wrote: »

Good news, letter arrived Wednesday stating my claim has been progressed. One thing I don't understand is where is the money being sent all it says on the letter is it is paid on the last Monday of every month with no means of how too collect the money?

You should get a cheque in the post at the address.

stevek93

Just talking to the landlord their, no word of a letter to the house nor has he received any payments into his bank account which I provided his bank account details to the CWO. I really don't know what to do is there someone above the CWO that I can speak too?

The_Conductor

Nothing due until Monday of next week (the 29th) according to the letter you got? What else are you expecting? Also- when your letter said your claim has been progressed- what does this mean? It has been progressed from status x to status y. What are x and y?

Kind regards.

stevek93

Have been speaking to the welfare office the past week should receive a cheque in the post tomorrow morning, finally everything is hopefully sorted. One thing the landlord did not mention he is claiming disability allowance and is wondering will it affect his pay? The CWO said no but am less reluctant to take his word for it.

The_Conductor

stevek93 wrote: »

Have been speaking to the welfare office the past week should receive a cheque in the post tomorrow morning, finally everything is hopefully sorted. One thing the landlord did not mention he is claiming disability allowance and is wondering will it affect his pay? The CWO said no but am less reluctant to take his word for it.

It is income which will be counted as 'means' for him- so any means related payments, would be adjusted according to any means rules associated with them. I do not know whether disability allowance is a means related payment or not- however if it is- then yes, the payments would reduce his disability allowance.

The_Conductor

And according to Citizen's Advice Bureau- yes, disability allowance, is a means related payment.

There are income 'disregards' for certain welfare payments (for example if you're on the blind pension- you can earn 120 a week and still keep your full social welfare payment). I do not know whether similar applies to disability allowances- and if it does- whether he will still be below the threshold (whatever that might be).

He needs to sit down and run it past the CWO or another Social Welfare official- himself (or satisfy himself that he is not going to break the rules associated with his payment).

struggling sam

Mods, if you feel I am hijacking this thread please move it. I am finding some similarities in my own situation and posted in another forum and got little response and getting very stressed over my situation.

Situation: Single man 50's, on Disability Allowance and receiving rent allowance. House being sold, must move and no accomodation available locally.
Approved for Local Authority Housing, but no houses available at this time.

In a relationship, but she has her own house, and we are financially independent. She will stay with me at times and vice versa. Currently she has a premises leased and is doing B&B.

Would it be feasible for me to "rent a room" off her and qualify for any Rent Allowance?


Thanks

The_Conductor

No.
You can't use the rent-a-room scheme to rent a room from a partner/gf/bf/ significant other/1st degree relative etc.
There are pretty clear-cut rules about the scheme.

struggling sam

The_Conductor wrote: »

No.
You can't use the rent-a-room scheme to rent a room from a partner/gf/bf/ significant other/1st degree relative etc.
There are pretty clear-cut rules about the scheme.

Thanks for your response. But perhaps, I did not make myself clear. As for the rent a room scheme, we or she are not looking for tax concessions. Just the feasibility of my renting a room in the B&B on a short term basis until some proper accomodation comes up. And in renting this room, would I still qualify for RA.

Thanks

SS

The_Conductor

struggling sam wrote: »

Thanks for your response. But perhaps, I did not make myself clear. As for the rent a room scheme, we or she are not looking for tax concessions. Just the feasibility of my renting a room in the B&B on a short term basis until some proper accomodation comes up. And in renting this room, would I still qualify for RA.

Thanks

SS

You can rent a room in her B&B to your hearts content.
She won't qualify for the rent-a-room scheme.
You won't qualify for rent allowance.

You really need to sit down with a CWO and run these things by them- and try to figure what your best option(s) are.