Not sure of my rights.

MEGA BRO WOLF 5000

Just trying to make this as short as possible, really not sure what rights I have here, if any.

I moved into a room in a house in May of 2014, the room was in a three bedroomed house. There was one other person living there at the time but since then one other lad has moved in, so there's now three of us occupying the three rooms in the house. We all pay separate rent, as in, I pay for my room each week as do the other two lads and bills are divided three ways too. Rent is collected monthly.

We all moved in without contracts, paid rent a month up front as a deposit and continue to pay monthly since so I am always a month ahead with my rent. As none of us have contracts I would like to know whether.

(a) Whether I am a licencee, a tenant or...?
(b) My rights - Period of notice I must give to move out or how much notice landlady should give me if she wants me to move out.
(c) The notice the land lady has to give if she wants to come over.

I only ask as we have been getting a lot of hassle from her lately - asking for arrears on bills that have been paid before (I could start another whole thread on that one) she turns up unannounced and makes her way around the house checking things etc.
She arrived on today again without any notice and one of the other lads left her in, she specifically asked about two things that were broken in the house that she couldn't have known were broken unless she had a snoop around previously when none of us were there, we strongly suspect she does this.

[The TV is on the fritz, it's 9 years old and a lampshade was wonky]

She told that lad today that she would be here again on Monday to collect rent and bills as usual but she will be "inspecting" the rooms and he said grand, but I've a massive problem with anyone snooping in my room, I generally thought there was an inspection done when someone moved out, can she do this?

Now we're not students, we all work, the house is kept very well, she has no excuse to do this. Where do we stand? I'm actually uncomfortable with her coming into the house (sometimes letting herself in) to collect the rent as it always seems to erupt into an argument about bills or something that's broken that we're getting blamed for. She has completely washed her hands of the upkeep of the house, if something breaks - it stays broke, the lawns don't get cut, the drains don't get unclogged etc. Who is even responsible for that? I don't own a mower, none of us do, there's none provided so our lawn looks like a jungle, I only spent 35 euro on weedkiller a few weeks ago because our driveway was so bad...It seems all she does is collect rent and that's it.

What rights do we have?!

And before anyone says "move"...the hassle, the VERY limited rental market in our area etc. We would all like to stay put as the house is in a perfect area for us all.

Thanks.

Ken.

Does she live with you or elsewhere?

Have a read of this and some of the links in this page
http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

Mrs OBumble

You're a tenant, unless she lives there.

What's this about bills - why aren't they in your name already? And why is she calling for rent - insist on paying by Standing Order.

She has to give notice about visiting, ie it has to be agreed.

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

Mrs OBumble

Mrs OBumble wrote: »

You're a tenant, unless she lives there.

What's this about bills - why aren't they in your name already? And why is she calling for rent - insist on paying by Standing Order.

She has to give notice about visiting, ie it has to be agreed.

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

Houses with rooms let individually are a bit of a grey area as far as I know. Wasn't there a PRTB case that ruled that people renting the rooms individually in a house and sharing common areas are a version of a licensee rather than a tenant.

As for bills, it makes no sense for people in a houseshare with a housemate turnover to have bills in their own names (for the LL or the housemates) as it's just hassle changing bills from person to person every time someone moves in or out. My previous place was nothing but messing as people moved in and out and opening and closing accounts while my current place the bills are in the LL's name so no hassle when people leave etc.

newacc2015

Sunny Mango Scorer wrote: »

Houses with rooms let individually are a bit of a grey area as far as I know. Wasn't there a PRTB case that ruled that people renting the rooms individually in a house and sharing common areas are a version of a licensee rather than a tenant.

Do you know what case that was?It sounds like an interesting case to read

newacc2015

newacc2015 wrote: »

Do you know what case that was?It sounds like an interesting case to read

Think it's Tribunal Reference Number TR10/DR532&589/2006. On the phone so didn't search for the details.

campingcarist

There was a PRTB Tribunal case: Report of Tribunal Reference No: TR168/2011/DR92/2011. Case Ref No: DR92/2011 which said that a person having exclusive use of a bedroom and had joint exclusive use of common facilities was a tenant under the 2004 Act.

newacc2015

campingcarist wrote: »

There was a PRTB Tribunal case: Report of Tribunal Reference No: TR168/2011/DR92/2011. Case Ref No: DR92/2011 which said that a person having exclusive use of a bedroom and had joint exclusive use of common facilities was a tenant under the 2004 Act.

TR168/2011 is an interesting case and the research is really well done by the PRTB. Although the fine is pretty low.

quietsailor

I had to bounce around Google/The PRTB website before coming up with these so here's the links to make other people's life easier;

TR10/DR532&589/2006


TR168/2011/DR92/2011.

Here's the main page to find the reports on Tribunal Reports & Orders - just change the year to suit

Edit: WATCH OUT FOR THE DATE AFTER THE TR NUMBER - I couldn't find TR168/2011 in the 2011 records, it was stored in the 2012 records as it was held in Jan 2012 but initiated by the tenant in 2011, that's why it is TR168/2011 ie TR168 of 2011