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Query about Landlord/Tenant registration and rights.

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  • 21-08-2014 5:04pm
    #1
    ImpossibleDuck
    Registered Users Posts: 1,154 ✭✭✭


    Hey, my sister is about to rent a room with a landlord who she is pretty sure is not registered with the PRTB. The landlord also resides in the house. A few questions:

    1) Is it simply a bad idea to rent from an unregistered landlord?
    2) If there is no lease, and the landlord is not registered, is she free to leave any time she wishes? Surely the landlord has no right to demand payment as he would if she had signed a fixed term lease?
    3) If she were to leave after just a couple of months, would she have any grounds to expect her deposit back? Could threatening to report the landlord potentially work?
    4) Does the fact the landlord resides in the house change anything? Does he, for example, not need to register if he lives there also?

    We're both very confused about how all this works, never had to deal with it before so any advice would be great :)

    P.S. And lets assume that at the minute, she kinda has no other option but this guy's room. Thanks


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    #2
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    The landlord doesn't have to register with the PRTB if she is residing in the same house.

    Your sister can leave anytime and retain her deposit, but it's only polite to give reasonable notice.

    The landlord can end the tenancy at anytime, with as little as 24 hours notice, but again, it's only polite to give reasonable notice


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    #3
    ImpossibleDuck
    Registered Users Posts: 1,154 ✭✭✭ImpossibleDuck


    green_screen wrote: »
    The landlord doesn't have to register with the PRTB if she is residing in the same house.

    Your sister can leave anytime and retain her deposit, but it's only polite to give reasonable notice.

    The landlord can end the tenancy at anytime, with as little as 24 hours notice, but again, it's only polite to give reasonable notice

    Thanks for the reply! How much notice is considered adequate in order to expect to retain her deposit? If she lives there for two months, and then gives notice that she will be leaving in one month's time, can he, as you say, essentially tell her to be out the door in 24 hours? Wouldn't he need a good reason or something?

    I'm not doubting you, I genuinely have no idea :o


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    #4
    circular flexing
    Registered Users Posts: 2,587 ✭✭✭circular flexing


    Sounds like the rent a room scheme. This link has more information

    http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html


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    #5
    ImpossibleDuck
    Registered Users Posts: 1,154 ✭✭✭ImpossibleDuck


    circular flexing wrote: »
    Sounds like the rent a room scheme. This link has more information

    http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

    Mmmm okay! Thanks for the link, really helpful. I'm kind of surprised at this to be honest.


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    #6
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    ImpossibleDuck wrote: »
    Mmmm okay! Thanks for the link, really helpful. I'm kind of surprised at this to be honest.

    Surprised at what exactly?


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    #7
    ImpossibleDuck
    Registered Users Posts: 1,154 ✭✭✭ImpossibleDuck


    The_Morrigan wrote: »
    Surprised at what exactly?

    Just the whole idea that the 'landlord' essentially doesn't have to comply with any regulations and can just evict people on a whim seems very odd to me. I just never would have guessed that the landlord living in the house has such an effect on the rights of the tenant. It's just interesting/surprising to me :)


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    #8
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    ImpossibleDuck wrote: »
    Just the whole idea that the 'landlord' essentially doesn't have to comply with any regulations and can just evict people on a whim seems very odd to me. I just never would have guessed that the landlord living in the house has such an effect on the rights of the tenant. It's just interesting/surprising to me :)

    It isn't a landlord/tenant situation, it is an owner/licencee - you cannot expect an owner to obey a law that is not applicable to them.


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    #9
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ImpossibleDuck wrote: »
    Just the whole idea that the 'landlord' essentially doesn't have to comply with any regulations and can just evict people on a whim seems very odd to me. I just never would have guessed that the landlord living in the house has such an effect on the rights of the tenant. It's just interesting/surprising to me :)

    If the law was as strict as non resident LL no one would rent a room simples all so its someone's home and allowing a lodger to end up with over 4 year tenancies and very long notice periods would cause serious issues, also who want to remain living with someone who has said I don't want you living here for 28 or more days.


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    #10
    ImpossibleDuck
    Registered Users Posts: 1,154 ✭✭✭ImpossibleDuck


    The_Morrigan wrote: »
    It isn't a landlord/tenant situation, it is an owner/licencee - you cannot expect an owner to obey a law that is not applicable to them.

    No I mean I understand it, I'm not saying it's stupid or anything. I just never would have guessed.


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    #11
    Mrs OBumble
    Registered Users Posts: 25,965 ✭✭✭✭Mrs OBumble


    Some people prefer this approach: it means that when they move out, they are less likely to be paying dual rent to old and new places at the same time. If things turn pear-shaped you can move out quickly. And a resident landlord is likely to get things fixed more quickly, do more housework themselves and have better quality furniture.

    OTOH, resident LL's may take an undue "king/queen of the castle" attitude. But not all of them do (personally I kept happy housemates for two years after becoming an owner) - and if they do you can just leave.


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    #12
    ImpossibleDuck
    Registered Users Posts: 1,154 ✭✭✭ImpossibleDuck


    Okay that's great. Thanks for all the information guys, learned a lot of useful info about this stuff. Cheers! :)


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    #13
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    ImpossibleDuck wrote: »
    P.S. And lets assume that at the minute, she kinda has no other option but this guy's room. Thanks
    This doesn't sit well. If she goes for this option, she should embrace it. The dynamic is entirely different in a rent a room scenario. If there's a personality clash, all parties are stuck with it - literally - as they both reside there. However, even more so in the case of the 'landlord'. It's not as if they can move!

    If your sister has already taken a dislike to the home owner, better to look elsewhere.
    Mrs OBumble wrote:
    OTOH, resident LL's may take an undue "king/queen of the castle" attitude. But not all of them do (personally I kept happy housemates for two years after becoming an owner) - and if they do you can just leave.
    That's the most common complaint amongst lodgers. On the flip side, someone has to take responsibility - when it comes to sorting out bills, etc. Also, its the home owner that sets out the nature of the arrangement prior to the licensee moving in. At the end of the day, nobody is going to look after a home in the same way as the actual homeowner would. This gets misunderstood or can be resented as people believe it to be inequitable but it is what it is....


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