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Houseshare tenant rights

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  • 09-05-2015 11:35pm
    #1
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭


    I probably know the answer to this, but just want to confirm...! Moved into a house a year ago, no lease signed. Deposit given to person moving out. Do I have any rights at all? Fairly sure landlord will sell soon, concerned about notice, and deposit. Also landlord is insisting on painting bedrooms. I would prefer not to have anyone in my room, can I refuse?


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    dearg lady wrote: »
    I probably know the answer to this, but just want to confirm...! Moved into a house a year ago, no lease signed. Deposit given to person moving out. Do I have any rights at all? Fairly sure landlord will sell soon, concerned about notice, and deposit. Also landlord is insisting on painting bedrooms. I would prefer not to have anyone in my room, can I refuse?
    Does the landlord live there with you or not?

    If yes then you are not a tenant but a licensee with very few rights.


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    #3
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    Sorry, should have specified, landlord doesn't live here


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    #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    dearg lady wrote: »
    Sorry, should have specified, landlord doesn't live here
    Ok then once you pay your rent to the Landlord or once rent you pay is paid directly to the LL and you are not subletting from a house-mate you are a tenant and have all the rights of a tenant.

    You should visit the PRTB website where all the information on your rights as well as your obligations are outlined.


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    #5
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    Ah, ok, that's my problem then I think. We all pay rent to one tenant, and he passes it on.


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    You're not paying the deposit to the landlord- and you have no lease = Licensee situation. You can be asked by the person you are paying the rent to- or the landlord- to leave at any stage, without any statutory notice. The Act simply says that you should be given 'Reasonable' notice- in practice this means if you pay rent on a weekly basis- reasonable is a week, if its on a monthly basis- then reasonable is a month, etc etc.

    You are not protected under the Act and can be asked to leave.


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    #7
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    Thanks, I thought as much. I guess this means I can't refuse access for the painting, ah, hassle!


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    #8
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Similarly- you only have to give 'reasonable' notice to quit. I would suggest you do just this- and find somewhere and a set of circumstances, where you are in fact the tenant. If the property is going to be sold anyway- you're going to have to move. This time of the year is probably best for finding somewhere new- it gets progressively worse as the summer goes on- to September when its urban warfare.


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    #9
    Wanderer78
    Registered Users Posts: 29,506 ✭✭✭✭Wanderer78


    The_Conductor wrote: »
    urban warfare.

    i like this saying!


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    #10
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    The_Conductor wrote: »
    Similarly- you only have to give 'reasonable' notice to quit. I would suggest you do just this- and find somewhere and a set of circumstances, where you are in fact the tenant. If the property is going to be sold anyway- you're going to have to move. This time of the year is probably best for finding somewhere new- it gets progressively worse as the summer goes on- to September when its urban warfare.

    I am quite strongly leaning towards this! Thanks Conductor & Foggy!


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    #11
    dearg lady
    Closed Accounts Posts: 2,091 ✭✭✭dearg lady


    As I suspected! We just got notice. 8 weeks so pretty fair. Hopefully they are also fair about the deposit!


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