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Becoming homeless

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    #32
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    pooch90 wrote: »
    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!

    Same here. Most landlords are not up on the rights of tenants at all. Check out some posts in this forum from landlords asking about termination notices and other things. Simple stuff they should know. But that is a whole other topic in itself.


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    #33
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    pooch90 wrote: »
    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!

    So how are the tenants expected to know if the landlords don't? My last landlord in Ireland approached us a month before the lease was coming to an end to see if we were staying or going. That's what should be expected.


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    #34
    ted1
    Registered Users Posts: 23,535 ✭✭✭✭ted1


    Op have you family?


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    #35
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    The norm is a tenant approaches the landlord, at least a month before the tenancy is due to end (or whatever the normal length between rent payments)- advising that they intend to continue staying in the property. This means the landlord does not incur costs advertising the property unnecessarily. In the case of a fixed term tenancy- where the tenant does not inform the landlord of their intention to stay in the property after the elapse of the tenancy- the landlord is entitled to recover any reasonable costs incurred if/when they readvertise the property.


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    #36
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    The_Conductor wrote: »
    The norm is a tenant approaches the landlord, at least a month before the tenancy is due to end (or whatever the normal length between rent payments)- advising that they intend to continue staying in the property. This means the landlord does not incur costs advertising the property unnecessarily. In the case of a fixed term tenancy- where the tenant does not inform the landlord of their intention to stay in the property after the elapse of the tenancy- the landlord is entitled to recover any reasonable costs incurred if/when they readvertise the property.

    Yes this is the advice on citizen's information but what's the legal basis for it. I can't find any reference to it in RTA 2004.


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    #37
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Michael D Not Higgins wrote: »
    Yes this is the advice on citizen's information but what's the legal basis for it. I can't find any reference to it in RTA 2004.

    I'll see if I can find it- and will post a link


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    #38
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    The_Conductor wrote: »
    I'll see if I can find it- and will post a link

    I think I've found it buried near the end. It's clause 195. Proposed overholding under a fixed term tenancy.

    My apologies, it does indeed specify you must notify the landlord between 3 and 1 month before the end of the tenancy if you wish to remain, otherwise they can go to the PRTB to recover costs.

    Edit: the likelihood of a landlord bothering to go to the PRTB though? It's easier for them to ask their tenant what they're doing.


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    #39
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    You should know if the welfare officer,sends you to a hostel,or hotel,
    youll be safe .IF it comes to that.
    You will have 1 room, and you stay there as long as you need to do so,while looking for a flat that takes rent allowance,
    i had to pay 600 euro plus deposit to get a flat ,a bedsit in 2008.


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    #40
    lonelywolf
    Registered Users Posts: 4 ✭lonelywolf


    Sorry for the late reply, I share the house with my landlord so disputing the fact of my lease on the bonds he is not allowed to kick me out is not going to work he will probably just end up changing the locks.


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    #41
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    lonelywolf wrote: »
    Sorry for the late reply, I share the house with my landlord so disputing the fact of my lease on the bonds he is not allowed to kick me out is not going to work he will probably just end up changing the locks.

    Indeed, your status living with the landlord means you are not covered by tenancy law. You are effectively a guest of the landlord and can be asked to leave with minimal notice and with very little recourse for yourself.

    Have you investigated other rentals/house shares in the area? Is it a case that there is nothing in the rent allowance limit available? Have you spoken to a welfare officer about your situation yet?


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    #42
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    Speak to the welfare office,
    and go to threshold or crosscare, for advice ,in the next week.
    www.threshold.ie


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    #43
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    lonelywolf wrote: »
    Sorry for the late reply, I share the house with my landlord so disputing the fact of my lease on the bonds he is not allowed to kick me out is not going to work he will probably just end up changing the locks.
    You're a licensee, thus you have no tenant rights. He can boot you out on a whim.

    Get onto the college accommodation officer, and see if they can get you sorted. It's January, so I'd say there's people looking to fill rooms, as people often give up after the xmas exams.


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    #44
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    lonelywolf- I'm really sorry. In that case- you are not a tenant- you living with the landlord under licence- and he can ask you to leave at any stage, without giving reason. If he wants you to leave- and you do not leave- you are trespassing, the end.

    Tenancy law does not apply in your case- you *need* to find somewhere else to live.

    When you said you were living in private rented accommodation- unfortunately, this is not in fact accurate. You are living with an owner occupier under license.

    You need to find new accommodation immediately. You have no cause or case to use against the 'landlord'. I'm sorry.


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    #45
    lonelywolf
    Registered Users Posts: 4 ✭lonelywolf


    the_syco wrote: »
    You're a licensee, thus you have no tenant rights. He can boot you out on a whim.

    Get onto the college accommodation officer, and see if they can get you sorted. It's January, so I'd say there's people looking to fill rooms, as people often give up after the xmas exams.

    That's a good point, I will try make an appointment for early next week. The major problem is finding a landlord that will accept rent allowance. I am kinda of running out of time as well, juggling college doesn't help either.


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    #46
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    ITS hard to find landlords that take ra,
    even if you do, you need to have a large deposit ready ,especially if you are in dublin.at least 6 weeks rent .
    see rent.ie, daft.ie ,
    Theres an irish website for prospective tenants,
    you put your info up there,and theres,flat, housing ,rooms advertised for rent on it.
    YOU register and then you can pm any landlord who has an ad on it.
    Like facebook the landlord can look at your profile,
    eg im a student in dcu,age, misc info, before he offers you a room.
    this might be it,
    http://ie.easyroommate.com

    i have,nt used it recently.
    The landlord could say ,move out in 7 days and you,d have to go,
    in legal terms you are more like a house guest .


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    #47
    Th3B1tcH
    Registered Users Posts: 141 ✭✭Th3B1tcH


    You might find sumthing here
    https://www.facebook.com/groups/Rentdublin (mods hope ok post fb links ? )

    Also have a look here if u dont find anything
    http://www.homelessdublin.ie/housing-advice


    GL finding a place :)


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