Becoming homeless

lonelywolf

I am currently living in private rented accommodation, my lease is up at the end of the month and landlord does not want to renew it. I am calming rent allowance and cannot find anywhere to accept it.

I'm a 22 year old male in college I'm terrified of what is going to happen, I don't want to have to drop out. I never has been in this position before. I don't want to end up in a druggy alcoholic hostel. Me having autism doesn't not help the situation I would not be able to survive in a hostel.

I really don't know what to do..

gctest50

lonelywolf wrote: »

I am currently living in private rented accommodation, my lease is up at the end of the month and landlord does not want to renew it. I am calming rent allowance and cannot find anywhere to accept it.

I'm a 22 year old male in college I'm terrified of what is going to happen, I don't want to have to drop out. I never has been in this position before. I don't want to end up in a druggy alcoholic hostel. Me having autism doesn't not help the situation I would not be able to survive in a hostel.

I really don't know what to do..

some of the druggy alcoholic hostel people are there because they are mentally unwell and/or abused and/or basically abandoned - (some are just c*nts though)

h2005

Xenji wrote: »

Other posters will know better, but it is very hard to evict a tenant in this country, if you appeal to the PRTB you can tie things up in your favor for about a year.

So **** over the landlord?

Xenji

h2005 wrote: »

So **** over the landlord?

We do not know the circumstances of the eviction notice nor why the lease is not being extended and it is not uncommon for some landlords to try illegal tricks or just be total dicks...the reasons maybe be valid but in the last year a lot of horror stories have popped up.

h2005

Xenji wrote: »

We do not know the circumstances of the eviction notice nor why the lease is not being extended and it is not uncommon for some landlords to try illegal tricks or just be total dicks...the reasons maybe be valid but in the last year a lot of horror stories have popped up.

His lease is up and the landlord doesn't want to renew it. What else do you need to know?

Xenji

h2005 wrote: »

His lease is up and the landlord doesn't want to renew it. What else do you need to know?

The reason why he or she will not renew it, tenant issues, rent rise, wanting to sell ect...landlords are not infallible and should of given a valid reason why they would not negotiate a lease extension out of common decency, a bit of human compassion in the case of what the OP claims goes a long way.

h2005

Xenji wrote: »

The reason why he or she will not renew it, tenant issues, rent rise, wanting to sell ect...landlords are not infallible and should of given a valid reason why they would not negotiate a lease extension out of common decency, a bit of human compassion in the case of what the OP claims goes a long way.

Common decency? You realise you pretty much told the OP to squat in your post?

bluemartin

lonelywolf wrote: »

I am currently living in private rented accommodation, my lease is up at the end of the month and landlord does not want to renew it. I am calming rent allowance and cannot find anywhere to accept it.

I'm a 22 year old male in college I'm terrified of what is going to happen, I don't want to have to drop out. I never has been in this position before. I don't want to end up in a druggy alcoholic hostel. Me having autism doesn't not help the situation I would not be able to survive in a hostel.

I really don't know what to do..

I would recommend you to go and explain your situation to your college welfare section/student union. Somebody there should be able to advise you. You are particularly vulnerable due to your disability and the stress of it won't do your health any good. Let as know how you get on.

Xenji

h2005 wrote: »

Common decency? You realise you pretty much told the OP to squat in your post?

He is willing to stay where he is and keep paying, he does not want to be out on the streets, not sure why the resentment when you do not know why he was told he could not extend his lease, and as regard squatting he wants to stay and pay and that is an necessity as far as I know while you appeal to the PRTB, unless the landlord wants to sell or the tenant is refusing a rent hike then the landlord is not out of pocket.

Del2005

Xenji wrote: »

The reason why he or she will not renew it, tenant issues, rent rise, wanting to sell ect...landlords are not infallible and should of given a valid reason why they would not negotiate a lease extension out of common decency, a bit of human compassion in the case of what the OP claims goes a long way.

Why should a private individual have to say why they don't want to renew a contract when it has reached it's end? The OP stated that their lease is up and the LL isn't renewing, the reason why the LL isn't renewing has no bearing on the fact that the tenant has to find other accommodation.

Then advising them to squat is showing how little human compassion you have, as that will mean that the LL is down several hundred Euro per month. Where is the OP then supposed to live after they've squatted as no LL will take on someone who has already shown that they have no respect for other people's property.

chris85

Del2005 wrote: »

Why should a private individual have to say why they don't want to renew a contract when it has reached it's end? The OP stated that their lease is up and the LL isn't renewing, the reason why the LL isn't renewing has no bearing on the fact that the tenant has to find other accommodation.

Then advising them to squat is showing how little human compassion you have, as that will mean that the LL is down several hundred Euro per month. Where is the OP then supposed to live after they've squatted as no LL will take on someone who has already shown that they have no respect for other people's property.

Chill the beans here folks. Just because the lease is up does not mean the tenant must move out. They have part 4 rights. Give the landlord notice of your claim to part 4 rights and all good.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Part 4 tenancies
Under Part 4 of the Residential Tenancies Act 2004, if you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire security of tenure in 4-year cycles. Any tenancy, therefore, that has lasted more than 6 months is a 'Part 4 tenancy' or a 'further Part 4 tenancy'. After 4 years of your tenancy has passed, a new tenancy starts. The same 4-year cycle can begin again, leading to a further Part 4 tenancy.

When you have acquired a Part 4 tenancy your landlord can terminate your tenancy only in certain circumstances. Read more about if your landlord wants you to leave here. If you want to leave during your Part 4 tenancy and you do not have a fixed-term agreement, you do not have to give a reason but you must give the correct period of notice in writing as required under the Act. (See 'Rules' below).

Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy.

Claiming a Part 4 tenancy during a periodic tenancy
If you are in a periodic tenancy (renting without a lease or a contract) you also have automatic security of tenure under Part 4 of the Residential Tenancies Act 2004 but you don’t have to notify your landlord of your intention to remain in the property for up to 4 years.

The_Conductor

Note- while the tenant can claim Part IV rights- there is no obligation on the landlord to accept rent allowance- and if a year has passed since the rent was reviewed, they are within their rights to review the rent in line with prevailing market rents.

OP- I would suggest claiming Part IV rights- anyhow- as an option B- however, Option A would have to be to find alternate accommodation.

seventeen sheep

I get the impression you're currently living alone ... Would you be able to afford a room in a student houseshare, without claiming rent allowance? Possibly with financial assistance from family, if that's an option, or a part-time job? Are you entitled to a student grant? Or (depending what stage you're at in your course) it could be worth considering applying for a student loan to tide you over?

zl1whqvjs75cdy

chris85 wrote: »

Chill the beans here folks. Just because the lease is up does not mean the tenant must move out. They have part 4 rights. Give the landlord notice of your claim to part 4 rights and all good.

That's not how it works, a tenant cannot just lay claim to a landlords property while spouting Part IV rights. The lease is up, the landlord does not have to keep the tenant on any longer.

It may be that the landlord wants to increase your rent above what the rent allowance is paying him which is why he wants you out. Someone less honest than yourself could offer him the difference in cash if it was affordable.

Teyla Emmagan

Go and see your accommodation officer in college OP. Plenty of students may have dropped out by now and they could find it easy enough to place you. They will give you support and advice regardless and should be your first port of call.

drumswan

donkeyoaty0099 wrote: »

That's not how it works, a tenant cannot just lay claim to a landlords property while spouting Part IV rights. The lease is up, the landlord does not have to keep the tenant on any longer

Thats exactly how it works, Part IV rights give the tenant security of tenure in four year cycles.

ec18

drumswan wrote: »

Thats exactly how it works, Part IV rights give the tenant security of tenure in four year cycles.

Doesn't that exclude fixed term leases?

zl1whqvjs75cdy

drumswan wrote: »

Thats exactly how it works, Part IV rights give the tenant security of tenure in four year cycles.

But you cant just say "I want part IV rights, not going anywhere". The landlord can refuse to grant these rights at the end of the lease. Its normally not as formal as that in my experience but a tenant can't effectively take a 4 year lease without the landlords consent.

riclad

go to threshold or crosscare for advice re finding new accomodation.
www.threshold.ie .
i think you are confused re hostels,
theres hostels for people who stay there maybe one night,
ie they are mainly used by people who are too disorganised to get a flat on rent allowance,
maybe alcoholics etc
IF your welfare officer sends you to a hostel,
you get 1 room.
with tv.bathroom/shower unit.
i was in 1 for 1 month,
did not share with anyone.
ONLY thing is i had to go from 9.30 am to 12.30am
to allow cleaners acess to the room.
also i had to come back before 11.30pm each night.

ie its not supposed to be long term accomodation.

i was not not sharing with anyone.
it was in a hotel, on dorset st.
then i got a private flat and moved out.
i found it ok to live in temporarily.

see your welfare officer,local health centre, hse .
open from 10-1pm in most area,s weekdays.
room was about the size of the average bedroom in dublin.
many ordinary hotels have maybe 5 rooms used for emmergency accomodation ,by hse,
for people who find it hard to get a flat under the rent allowance system.

drumswan

ec18 wrote: »

Doesn't that exclude fixed term leases?

Part IV rights are accrued automatically after 6 months.

Michael D Not Higgins

donkeyoaty0099 wrote: »

But you cant just say "I want part IV rights, not going anywhere". The landlord can refuse to grant these rights at the end of the lease. Its normally not as formal as that in my experience but a tenant can't effectively take a 4 year lease without the landlords consent.

I'm not sure you understand the tenancy law. The Part 4 rights are granted automatically after 6 months and can only be terminated under certain conditions, e.g. if the landlord is selling, and even then it has to be with the proper written notice and with the reason attached.

There's no such thing as refusing to grant a legal right.

D3PO

donkeyoaty0099 wrote: »

But you cant just say "I want part IV rights, not going anywhere". The landlord can refuse to grant these rights at the end of the lease. Its normally not as formal as that in my experience but a tenant can't effectively take a 4 year lease without the landlords consent.

A landlord cannot refuse to grant part 4 rights at the end of a lease this is totally and utterly incorrect. However to avail of them correctly you must advise in writing that you are availing of these. This must be done in the correct manner as you are right you cannot just say Im availing of part 4. That said not doing it correctly only means the tenant has a liability for costs incurred by the LL as a result of not correctly claiming part 4 rights.

That said part 4 or not Id imagine its irrelevant here. Lets assume the OP claims Part 4, the LL has no obligation to accept the rent allowance and its likely that an upward rent review coupled with this will make the accommodation unaffordable for the OP anyway.

The most pragmatic approach here is for the OP to begin looking at their other options as realistically without them acting the maggot they don't really have an option of remaining in this property.

So first step would be to as others have suggested go to the accommodation officer in the college and explain the situation and see if they are in a position to assist. After that the OP may need to review their accommodation requirements. Perhaps a house share if they are not in one at the moment, moving further away form the college etc.

D3PO

Michael D Not Higgins wrote: »

I'm not sure you understand the tenancy law. The Part 4 rights are granted automatically after 6 months and can only be terminated under certain conditions, e.g. if the landlord is selling, and even then it has to be with the proper written notice and with the reason attached.

There's no such thing as refusing to grant a legal right.

that's not entirely accurate you don't automatically get them granted you actually must apply for them but they cannot be refused.

Michael D Not Higgins

D3PO wrote: »

that's not entirely accurate you don't automatically get them granted you actually must apply for them but they cannot be refused.

You do automatically get them. They're a legal right afforded by the RTA 2004. There may be a cost associated with paying back the landlord for reletting costs accrued by not informing them but they're still automatic.

D3PO

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy.

D3PO

Michael D Not Higgins wrote: »

You do automatically get them. They're a legal right afforded by the RTA 2004. There may be a cost associated with paying back the landlord for reletting costs accrued by not informing them but they're still automatic.

its not automatic in the sense you must apply for them. If it was automatic then you would not have to notify a LL of your intention to claim them.

it cannot be refused but you must officially claim them ergo its not automatic in the definition of the word.

drumswan

donkeyoaty0099 wrote: »

But you cant just say "I want part IV rights, not going anywhere". The landlord can refuse to grant these rights at the end of the lease.

No he cant.

The landlord can then evict based on the criteria in section 34 of the RTA.

http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0034.html

Most of these criteria force the landlord to offer the OP his tenancy back if the accommodation goes back to market within 6 months.

The LL doesnt have to accept Rent Allowance. It seems he has been accepting it already for this tenancy, I dont think there is anything the OP can do if he just decides to stop accepting it though, Im open to correction on this.

Michael D Not Higgins

D3PO wrote: »

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy.

That's only to cover the landlord's costs. The RTA 2004 has no mention of requiring to notify the landord of Part 4.

Edit: I feel the citizen's info section on this is poor advice and should really assume the tenant is on Part 4 and require the landlord to check on their tenant's intentions (i.e. staying or leaving) before advertising and reletting costs are accrued. This would put the onus on the landlord who in general would know the law better around Part 4 than their tenant would.

Eldarion

D3PO wrote: »

that's not entirely accurate you don't automatically get them granted you actually must apply for them but they cannot be refused.

Ok now I'm getting confused. My interpretation was that a tenant must notify the landlord if they intend to stay in tenancy under Part IV rather than a fixed lease. If they do not and choose to remain in tenancy under Part IV after a lease has expired then the tenant is liable for any costs incurred by the landlord as a result of not knowing of this intention.

But in any instance Part IV is acquired by the tenant automatically after 6 months and no action is required on the tenant's side for this to occur.

Michael D Not Higgins

Eldarion wrote: »

Ok now I'm getting confused. My interpretation was that a tenant must notify the landlord if they intend to stay in tenancy under Part IV rather than a fixed lease. If they do not and choose to remain in tenancy under Part IV after a lease has expired then the tenant is liable for any costs incurred by the landlord as a result of not knowing of this intention.

But in any instance Part IV ia acquired by the tenant automatically after 6 months and no action is required on the tenant's side for this to occur.

Yes, and even then, there's no mention of recoverable costs for reletting in the RTA 2004 so I'm not even sure where that comes from.

pooch90

Michael D Not Higgins wrote: »

This would put the onus on the landlord who in general would know the law better around Part 4 than their tenant would.

This bit made me chuckle, not a single one of our LL's had a clue Part4 even existed in the 10 years of renting!