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06-05-2014 4:23pm#1I rent a room in a house, had a problem with a former tenant (landlords friend). Who was letting himself in had hes own key after he moved out to check , if there was post for him and taking the hoover leaving us without one months after he left the landlord gave him a key to install a fire alarm which he did without notice from current tenants.
I had a word with the landlord over this and he tried to make out it was not an issue until i made it .He agreed to get the key back of the former tenant.Last week he approached me on the street saying i owe him rent which i reply that I'm paid up to date which i was.I had a dispute over rent in the past and the end of the discussion i was three weeks rent in credit i requested a receipt from him from now on which he provided and then stopped providing receipts .
Today he just let himself into house without notice i asked him did he ring the doorbell and said he didn't want to bother us. I feel i have no privacy and don't feel secure in my home. I do not know what to do if i say to the landlord i need notice if he needs entry .Can he terminate lease agree where do i stand ?. I never see the rent book just hand over cash which is a very bad idea. I know hes registered with prtb.0
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That's illegal, former tenants have no right to be in the house, even if the LL says it's OK it's not - the LL or any person representing the LL has to agree in advance with you when they get access, they certainly as an ex-tenant should not have a keyI rent a room in a house, had a problem with a former tenant (landlords friend). Who was letting himself in had hes own key after he moved out to check , if there was post for him and taking the hoover leaving us without one months after he left the landlord gave him a key to install a fire alarm which he did without notice from current tenants. I had a word with the landlord over this and he tried to make out it was not an issue until i made it .He agreed to get the key back of the former tenant.
Draw up a document that states all the rent paid up to this month, get him to sign it - In an ideal situation it would be set up as a Standing Order so both LL & tenant have proof what rent is/isn't paid each month. If you ever go for a mortgage you have no proof you rented and they will not give you the mortgage - you can't prove you can pay rent. Get your own receipt book and each month have it pre-filled in with the month, rent amount and that days date. Tell him you want it signed before you hand over the money.Last week he approached me on the street saying i owe him rent which i reply that I'm paid up to date which i was.I had a dispute over rent in the past and the end of the discussion i was three weeks rent in credit i requested a receipt from him from now on which he provided and then stopped providing receipts.
This fella sounds dodgy, are you sure he is registered? Did you get a letter from the PRTB giving the unique reference number of your Tenancy, ring them and ask to verify it!
Legally - he must BY LAW - inform you when he wants to gain entry, if it doesn't suit you you can say no, in practice there should be give and take on both sides to make this work.Today he just let himself into house without notice i asked him did he ring the doorbell and said he didn't want to bother us. I feel i have no privacy and don't feel secure in my home. I am unemployed and do not know what to do if i say to the landlord i need notice if he needs entry.
No he cannot just terminate the lease, for non-payment of rent he has to give you 2 notices that state you have rent arrears and if you pay the arrears the notices are no longer valid.Can he terminate lease agree where do i stand ?. I never see the rent book just hand over cash which is a very bad idea. I know hes registered with prtb.
Anti-social behavior is a 7 day notice period but it'd want to be bad, Guards being called, repeated complaints from the neighbors to justify that0 -
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By "renting a room", do you mean you and other tenants rented the house together, or that you each rent a room?
If the latter, I'm not sure if by law he has to say if he's entering the property.
We each rent a room.Yes by law he has to say if he's entering the property
Thanks all for the help , going to have a word with the landlord tomorrow0 -
Having had a word with the landlord, always confirm in writing to him what was said and agreed. Keep a dated copy in case the landlord breaches his obligations again and may be required in the case of a future claim with the PRTB.We each rent a room.Yes by law he has to say if he's entering the property
Thanks all for the help , going to have a word with the landlord tomorrow0 -
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Yes, he does require permission.You may want clarification on this, as I don't think he needs permission to enter the common area of the house (ie; not your room), as you are only renting one room, and are not renting the house.
The tenants have exclusive use of their bedrooms and shared exclusive use of all other rooms. Because they have exclusive use, the landlord requires permission to enter the property.0 -
I'm not arguing the rooms they have exclusive use of, I'm querying the common areas. Since they are only renting the room, unless their contract said otherwise, I'm pretty sure the LL could goto the common area (sitting room/kitchen, etc).Yes, he does require permission.
The tenants have exclusive use of their bedrooms and shared exclusive use of all other rooms. Because they have exclusive use, the landlord requires permission to enter the property.0 -
I'm not arguing the rooms they have exclusive use of, I'm querying the common areas. Since they are only renting the room, unless their contract said otherwise, I'm pretty sure the LL could goto the common area (sitting room/kitchen, etc).
Over-ruling of PRTB decision "Tribunal Reference Number TR10/DR532&589/2006.
which was posted on their own website. Where shared occupation was deemed as outside the remit of the PRTB; a tribunal decision of 2011 determined the opposite and explains the exclusive occupation in Report of Tribunal Reference No: TR168/2011/DR92/2011. Case Ref No: DR92/2011
(a) The Residential Tenancies Act 2004 applies to every “dwelling” which is the subjectof a tenancy, unless specifically excluded under section 3(2) and 3(3). A “dwelling” isdefined under section 4(1) as “ property let for rent or valuable consideration as aself-contained residential unit”. There is no definition in the Act of “self-containedresidential unit” other than that a “self-contained residential unit” includes the formof accommodation commonly known as ‘bedsit’ accommodation”.
The Supreme Court has held that in interpreting words in a statute, if the statute isdirected at the public at large, a word or expression should be given its ordinary orcolloquial meaning: Inspector of Taxes v Kiernan [1981] IR 117. It is the view of theTribunal that the ordinary meaning of “self-contained” as regards a unit means –“containing within itself all parts necessary for completeness” or put another way“something which is complete on its own and doesn’t need anything else” or
“constituting a complete and independent unit of itself”.
(b) Consequently a “self-contained residential unit” must mean a unit which enables theperson residing there to have all the essentials for living ie for sleeping, washing,cooking, toiletry and relaxing. The fact that the person does not have an exclusiveright to those facilities, does not render the unit less than a “self-contained residential unit”. In fact, the word “exclusive” appears in only one section of the 2004 Act ie section 12(1)(a) which deals with the obligation of the landlord to allow a tenant to enjoy peaceful and “exclusive occupation” of the dwelling. In our view the words “exclusive occupation” have to be interpreted as excluding other persons who have no right to such occupation, rather than “exclusive occupation” being necessary to create a tenancy to which the 2004 Act applies.
We find as a matter of fact in this case, that the Appellant Tenant had an exclusiveright to occupation of a bedroom and a non-exclusive right to other rooms in the unitie bathroom, kitchen, and living room, which she was required to share with whoeverelse might have a right from time to time to exclusive occupation of the otherbedroom. As the Appellant Tenant was paying rent to the Respondent Landlord forthis right, we find as a matter of law that there was a tenancy of a “dwelling” within the definition of the 2004 Act as it was a “self-contained residential unit” andconsequently the PRTB and this Tribunal has jurisdiction in relation to a dispute inrelation to the tenancy.
(c) This finding of law is supported by the provision in section 4(1) that a “self-containedresidential unit” includes the form of accommodation commonly known as ‘bedsit’accommodation”. The word “includes” when used in a definition in a statute, hasbeen held to be a word of extension, so that the ordinary meaning is given in additionto the meaning in the extension: Attorney General (McGrath) v Healy [1972] IR 393.
There is no definition of “bed-sit” in the 2004 Act. However, the Irish Council forInternational Students in their Guide for International Students (2012) in describingthe various forms of accommodation available in Ireland, state:
“ A bed-sit is essentially a single room unit with basic cooking facilities (amini-kitchen area), a bed and some additional furniture. Toilet and bathroomfacilities are generally shared with the other occupants of the building thoughthere may be a self-contained shower”.
While in this Tribunal case, the residential unit was not a “bed-sit”, the inclusion inthe 2004 Act of “bed-sit” accommodation, clearly demonstrates that exclusiveoccupation to all parts of a residential unit is not a requirement to bring a tenancywithin the provisions of the 2004 Act.
Thus, if there is a tenancy in place, a landlord does not have the right to enter as he pleases but requires express permission of the tenant/s.0 -
Was talking to the landlord today.LL thinks that as i rent a room LL dose not need permission to gain entry and those rules only apply if i rent the entire house myself and in future LL will ring the door bell. Which means when were not there to answer the door LL will be letting himself in. LL is also interfering with the heat as the temperature is turned down very low. Left heating on for two hours to test and the hot water tap is barely lukewarm which LL can do so from the adjacent building.Found this out when i taught heating was broken which turned out LL had turned it off.
My housemates Dyson is also missing from the house he not back until Friday. So will wait until then to speak as a group with the landlord. I myself think the best option is to move out0 -
The part you quoted spoke of a "self-contained residential unit", and bedsit. The definition of such a room is (from the piece you quoted)Over-ruling of PRTB decision "Tribunal Reference Number TR10/DR532&589/2006.
which was posted on their own website. Where shared occupation was deemed as outside the remit of the PRTB; a tribunal decision of 2011 determined the opposite and explains the exclusive occupation in Report of Tribunal Reference No: TR168/2011/DR92/2011. Case Ref No: DR92/2011
Also(b) Consequently a “self-contained residential unit” must mean a unit which enables theperson residing there to have all the essentials for living ie for sleeping, washing,cooking, toiletry and relaxing.
From what the OP has described, he rents out a room on a house. Unless said room has "basic cooking facilities" inside said bedroom, it's not a bedsit or "self-contained residential unit".A bed-sit is essentially a single room unit with basic cooking facilities (amini-kitchen area), a bed and some additional furniture.0 -
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Afaik the case related to someone who rented a bedroom in an apartment and it was first thought that the PRTB had no jurisdiction to hear a case because the tenant did not have exclusive use of common areas, but on appeal it was decided that as the tenant had exclusive right to the bedroom and non exclusive right to the common areas which were shared with who ever else shared the other bedroom that As the Appellant Tenant was paying rent to the Respondent Landlord forthis right, we find as a matter of law that there was a tenancy of a “dwelling” within the definition of the 2004 Act as it was a “self-contained residential unit” and as there is a tenancy the landlord must allow a tenant to enjoy peaceful and “exclusive occupation” of the dwelling.The part you quoted spoke of a "self-contained residential unit", and bedsit. The definition of such a room is (from the piece you quoted)
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From what the OP has described, he rents out a room on a house. Unless said room has "basic cooking facilities" inside said bedroom, it's not a bedsit or "self-contained residential unit".
In this case Dwelling would include the bedroom and common areas that other tenants have access to.0 -
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The PRTB were of the opinion that house and apartment share situations were not covered by them but the case quoted in post #9 overturned that and because of that tenants who rent rooms and share with other tenants where they have non-exclusive access to common areas are sharing a dwelling and are collectively and individually entitled to the same "peaceful and exclusive use" which other tenants are entitled to.I was actually looking for the Act that stated this (but couldn't find it), as I think that "Dwelling" only occurs when you rent out the entire house, and not just the room.
If a person is renting a self contained flat/bedsit where all factilities are behind their main door then they are only renting the flat and the owner/Landlord has access to hallways etc within the "Dwelling"
The link to that case should be easy to find on the PRTB site.0
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