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Notice to Owner Occupied House

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  • 13-06-2015 9:53pm
    #1
    BallygowanGirl
    Registered Users Posts: 6 ✭


    How much notice do I have to give to the owner of the owner occupied house?
    The owner has engaged in harassing behaviour and I don't feel safe in the house, but I need my deposit back.


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    #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,507 Mod ✭✭✭✭johnnyskeleton


    Did you sign a licence agreement? What did that say?


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    #3
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    You mean you are renting from an owner who lives with you?


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    #4
    BallygowanGirl
    Registered Users Posts: 6 ✭BallygowanGirl


    3DataModem wrote: »
    You mean you are renting from an owner who lives with you?

    yep thats right
    johnnyskeleton wrote: »
    Did you sign a licence agreement? What did that say?

    I didn't sign any agreement so I don't know what I can do, but i can't find any clear information on notices on citizens information about owner occupied accommodation. I have receipts of rent and deposit.


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    #5
    spockety
    Moderators, Education Moderators Posts: 5,471 Mod ✭✭✭✭spockety


    No notice required if you didn't sign any agreement, and are just a licensee of the owner.

    If you don't feel safe walk out whenever you find alternative accommodation..


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    #6
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    You hardly feel unsafe enough or you'd simply walk,
    what is the harassing behaviour?
    Also, its usual, if you are paying for set timeframes that you give that much notice.

    Sounds a bit suspicious, I need out quick, I need advice, what get sympathy, oh yeh harassment, Im a girl also helps.

    Jeez

    edit, also

    You are not renting, you are paying for lodging if the owner lives there, technically you have no rights.


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    #7
    PucaMama
    Registered Users Posts: 3,129 ✭✭✭PucaMama


    cerastes wrote: »
    You hardly feel unsafe enough or you'd simply walk,
    what is the harassing behaviour?
    Also, its usual, if you are paying for set timeframes that you give that much notice.

    Sounds a bit suspicious, I need out quick, I need advice, what get sympathy, oh yeh harassment, Im a girl also helps.

    Jeez

    edit, also

    You are not renting, you are paying for lodging if the owner lives there, technically you have no rights.

    So over the top. Why do you have a problem with her being a girl


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    #8
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    PucaMama wrote: »
    So over the top. Why do you have a problem with her being a girl

    I dont, Im pointing out that it all seems a bit odd, and that someone seems to have made one agreement and now is looking to get around the breaking of it. Im offering them another piece of information that aids them in their approach.

    Maybe they are being harassed,but To state they are being harassed and in fear, without elaborating a bit on it seems a bit suspicious to me that they just want out rapidly and not necessarily for the reason they have suggested.
    Not even a hint of how long they are there, and what may be a personality difference is reported as harassment.
    What is the harassment OP?


    If they really felt that unsafe, they would (and should) just walk, I know that is not always straight forward, but they never had a longterm footing in someone elses house so must have had made some consideration to it.
    The usual amount of notice is the installment amount of the rent.


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    #9
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    A weeks notice is fair ( I say fair, not required) for a lodger, state when you 'hand in your notice' that you will be requiring the deposit back before the keys are handed back at the end of a week and arrange a time for a discussion/inspection to do a handover.

    Do not just hope that he will return the deposit and avoid actually stating that you will be looking for it back.


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    #10
    BabySlam
    Closed Accounts Posts: 349 ✭✭BabySlam


    Wabbit Ears wrote: »
    A weeks notice is fair ( I say fair, not required) for a lodger, state when you 'hand in your notice' that you will be requiring the deposit back before the keys are handed back at the end of a week and arrange a time for a discussion/inspection to do a handover.

    Do not just hope that he will return the deposit and avoid actually stating that you will be looking for it back.

    Excellent advice. Hope OP follows it.

    Also, OP, you could ask the owner how much notice they would need if your friend's spare room became available....


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    #11
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Wabbit Ears wrote: »
    A weeks notice is fair ( I say fair, not required) for a lodger, state when you 'hand in your notice' that you will be requiring the deposit back before the keys are handed back at the end of a week and arrange a time for a discussion/inspection to do a handover.

    Do not just hope that he will return the deposit and avoid actually stating that you will be looking for it back.

    Standard notice- which is 'reasonable notice' in the Act- is taken to be the periodic nature of when 'rent' is paid. So- if you pay your 'rent' weekly- a weeks notice would be considered 'reasonable' or if you pay monthly the 'reasonable notice' could be taken to be a month........

    It comes up for discussion here not infrequently- if you google this forum you'll find further similar type questions.

    OP- as to your deposit- and your necessity to get it back- technically you are staying with the Owner occupier under the rent-a-room scheme, as a licensee, and tenancy legislation does not apply. If there is a dispute between you and the owner- it is a civil matter between the two of you. The best way to try to get your deposit back is to give as much notice as possible, and to leave on as good terms as possible. Given the limited information you're posting about your reasons for leaving- this may not be possible- in which case you may have to appeal to their better nature (presuming they have one.........).

    With respect of what Cerastes was suggesting- If all of these are non-runners- and your landlord is male, and you are female- Cerastes, who has been thoroughly rebutted for suggesting it- does have a point. Playing the female card can work in situations like this- and the owner may give in for the sake of a quiet life (unless they're a complete psycho- in which case you're better off out of there at any cost). Before you go down this road- exhaust your other options- playing gender cards like this may work the odd time- but it won't endear you to anyone (male or female)- and it may come back to bite you.

    You haven't really given us a lot to work with- with your brief description- it could very well be the case that there may be other factors- which could potentially result in other more pertinent suggestions from folk.

    If you'd rather not discuss this on the internet- most students unions have a welfare officer, or indeed organisations such as Threshold will informally offer you advice on the phone- which may be helpful.

    Best wishes with your accommodation search- on the bright side- esp. with students leaving for the summer- its the easiest time of the year to find new accommodation- in or around the 1st-2nd week of July- would be best (depending on location).


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    #12
    purplecow1977
    Registered Users Posts: 2,877 ✭✭✭purplecow1977


    I would consider a month to be good manners but have been sharing with various housemates over the last year or two that have given a few days notice! Lucky enough to be in an area where accommodation is in high demand so landlord hasn't enforced any longer time period


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    #13
    ihavenoname3
    Closed Accounts Posts: 175 ✭✭ihavenoname3


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

    http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/


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    #14
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    ihavenoname3 wrote: »
    http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

    http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/
    These only apply to tenancies, the OP is not a tenant. One of the links at the bottom explains that disputes can be brought to the small claims court though, but it would be preferable to avoid that.


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    #15
    BallygowanGirl
    Registered Users Posts: 6 ✭BallygowanGirl


    cerastes wrote: »
    You hardly feel unsafe enough or you'd simply walk,
    what is the harassing behaviour?
    Also, its usual, if you are paying for set timeframes that you give that much notice.

    Sounds a bit suspicious, I need out quick, I need advice, what get sympathy, oh yeh harassment, Im a girl also helps.

    Jeez

    edit, also

    You are not renting, you are paying for lodging if the owner lives there, technically you have no rights.

    I don't feel comfortable discussing it on an open forum but I've been staying on a friends couch since the incident. The only reason I've asked on here is that I cannot find an adequate answer anywhere else online. I've only been living there just over a week so losing a months rent to the owner is enough, I need the deposit back to go towards securing a new place.


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    #16
    ihavenoname3
    Closed Accounts Posts: 175 ✭✭ihavenoname3


    TheChizler wrote: »
    These only apply to tenancies, the OP is not a tenant. One of the links at the bottom explains that disputes can be brought to the small claims court though, but it would be preferable to avoid that.

    I don't see why the op could not go the small claims court route, it wont cost very much and may be suitable here. she could inform the house owner she will go this route to get her deposit back.


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    #17
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    BallygowanGirl wrote: »
    I don't feel comfortable discussing it on an open forum but I've been staying on a friends couch since the incident. The only reason I've asked on here is that I cannot find an adequate answer anywhere else online. I've only been living there just over a week so losing a months rent to the owner is enough, I need the deposit back to go towards securing a new place.

    No on here can tell you to be honest if you will get your deposit you need to talk to the landlord


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    #18
    ihavenoname3
    Closed Accounts Posts: 175 ✭✭ihavenoname3


    you could give the PRTB a call and see what they have to say,I have done in the past but didn't find them very helpful to be honest but they might be able to help you, otherwise like a previous poster has said let the landlord know you are moving out in 1 week and that you will be wanting your deposit back in full, if he/she refuses to give the deposit back in full, say you will be talking the matter further and will be visiting a solicitor, most people will back down when they hear this and if you do need to go to the small claims court, the judge will usually favour the tenant.

    http://www.prtb.ie/contact-us


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    #19
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    ihavenoname3 wrote: »
    you could give the PRTB a call and see what they have to say,I have done in the past but didn't find them very helpful to be honest but they might be able to help you, otherwise like a previous poster has said let the landlord know you are moving out in 1 week and that you will be wanting your deposit back in full, if he/she refuses to give the deposit back in full, say you will be talking the matter further and will be visiting a solicitor, most people will back down when they hear this and if you do need to go to the small claims court, the judge will usually favour the tenant.

    http://www.prtb.ie/contact-us

    The OP is not a tenant and does not have recourse to the PRTB


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    #20
    El_Dangeroso
    Users Awaiting Email Confirmation Posts: 5,620 ✭✭✭El_Dangeroso


    As the PRTB doesn't apply here, would the OP be able to take the owner to small claims court to get the deposit back?


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    #21
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    ihavenoname3 wrote: »
    I don't see why the op could not go the small claims court route, it wont cost very much and may be suitable here. she could inform the house owner she will go this route to get her deposit back.
    They could and it would probably work out fine, but the hassle involved I feel isn't worth it. Better to try to work out an amicable solution than go in threatening small claims court. By all means use it if the owner isn't responsive.


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    #22
    Emme
    Registered Users Posts: 4,055 ✭✭✭Emme


    BallygowanGirl wrote: »
    I don't feel comfortable discussing it on an open forum but I've been staying on a friends couch since the incident. The only reason I've asked on here is that I cannot find an adequate answer anywhere else online. I've only been living there just over a week so losing a months rent to the owner is enough, I need the deposit back to go towards securing a new place.

    The owner started harassing you after a week and you felt so uncomfortable you moved out? I don't know your full situation or the circumstances of your landlord's harassment but would it help to talk to Threshold or even the Gardai?

    If the owner/occupier did this to you they will probably do it to somebody else. They should not be allowed to get away with harassing people who pay them good money to rent a room.


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