Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Subtenancy rights

  • 07-07-2017 1:28pm
    #1
    Registered Users Posts: 14


    Hi guys,

    Was renting a room in a house for the past 6 months and been given 1.5 months notice to leave, as they are keeping the house but replacing me with another person.
    Was not told it was a sublet from the beginning (although I may have guessed from not signing a lease).
    They are arguing I knew from the beginning I knew the tenancy was just until the end of next month. But I have asked on three previous occasions would the lease be renewed at the end of next month and they said they were not sure, so obviously they knew that I didn't know.
    As a student I feel they've used me to pay for summer months and their friend will move in next month.
    The issue now is they will make me pay for next month even though I'm not there.

    Do I have any rights? Can I contact the ptrb to bring me into contact with the owner/letting agency? Another option I feel I could do is stay longer and they wouldn't really be able to force me to leave? I assume as a subtenant I don't have much in the way of legal protection?


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Leaving open for general discussion, as long as forum rule against legal advice is observed


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    I would assume this applies (from the RTB website):
    Chapter 6 of Part 4 contains the rules governing the operation of Part 4 in cases of multiple occupants. In some instances the multiple occupants will all be tenants but in other instances they will be a mixture of tenants and licensees. A tenancy becomes a Part 4 tenancy on the earliest date at which one of the tenants has been in occupation for 6 months. During the existence of a Part 4 tenancy any lawful licensee of the tenant/s may request the landlord to be allowed to become a tenant of the tenancy. The landlord may not unreasonably refuse such a request and must give his/her acceptance in writing. All the rights, restrictions and obligations of a tenant will then apply to the former licensee except that the protection of the Part 4 tenancy will not apply until the former licensee has completed 6 months of continuous occupation counting time spent as a licensee and as a tenant.
    Source: https://www.rtb.ie/media-research/publications/licensees-in-private-rented-accommodation

    It appears after 6 months a tenant can request (from the landlord) to be allowed to become a tenant, such request not to be unreasonable refused.

    That said, it's not likely to be a comfortable living situation if all the other tenants are against it but claiming your Part 4 rights might strengthen a tenants negotiating position.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Graham wrote: »
    I would assume this applies (from the RTB website):


    Source: https://www.rtb.ie/media-research/publications/licensees-in-private-rented-accommodation

    It appears after 6 months a tenant can request (from the landlord) to be allowed to become a tenant, such request not to be unreasonable refused.

    That said, it's not likely to be a comfortable living situation if all the other tenants are against it but claiming your Part 4 rights might strengthen a tenants negotiating position.

    They were still a licensee while given notice. I doubt they can subvert that by going to the landlord to become a tenant.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Closed, as there is already a thread on this in A and P
    ,


This discussion has been closed.
Advertisement