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Can Landlord do this?

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  • 10-03-2019 9:04pm
    #1
    Simple_Simone
    Closed Accounts Posts: 152 ✭✭


    Situation: - five adults renting a 5 bedroom house in Dublin. One has been there for over 4 years others for varying periods between 3 years and 8 months. There is a tenancy agreement but no-one has seen it.

    Downstairs is a "living room" which is full of junk furniture but can be used by tenants to store bicycles, etc in. Landlord proposes to convert this into a bedroom and move one of his children into it. No reduction in rent is being offered to other tenants - it is assumed that the kid will contribute to utility bills.

    Tenants argue that their rent should be reduced as they have lost the use of a room in the house. Landlord has effectively told them to take a hike.

    Can he do this, or is he potentially in breach of the lease?

    Tenants will be seeking Threshold/RTB's advice tomorrow, but would welcome any views/observations from the Boards community.


Comments

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    #2
    CIARAN_BOYLE
    Registered Users Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    It depends on if you are renting a share of a house or a room within a house.


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    #3
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    i'd be very wary of the landlords kid moving in


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    #4
    Gatling
    Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Sounds like you could very well becoming a licencee rather than tenants who have no rights
    360_F_102352090_ie3kLjDIvgrT1sxVDknWCUh8PxgMYzM7.jpg




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    #5
    L1011
    Registered Users Posts: 68,785 ✭✭✭✭L1011


    The original tenancy agreement needs to be found. It is very likely the house is rented to a named person in its entirity, but if that person is gone it becomes rather complicated.

    If the house is rented as a whole, the landlord cannot do any of what is being proposed.


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    #6
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    L1011 wrote: »

    If the house is rented as a whole, the landlord cannot do any of what is being proposed.

    He can however legally terminate the tenancy if it is needed for a child. Op must also consider this as a possible/probable outcome of a refusal.


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    #7
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Dav010 wrote: »
    He can however legally terminate the tenancy if it is needed for a child. Op must also consider this as a possible/probable outcome of a refusal.
    The OP will get at least a months notice to leave if the LL goes that route. If the landlords son moves in, the OP may become a licensee, and get a weeks notice to leave.


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    #8
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    the_syco wrote: »
    The OP will get at least a months notice to leave if the LL goes that route. If the landlords son moves in, the OP may become a licensee, and get a weeks notice to leave.

    Either way, if the LL wants to move his child in, it’s probably going to happen, op can object, but could be looking for a new place to rent.


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    #9
    Varik
    Registered Users Posts: 12,536 ✭✭✭✭Varik


    If it's not already a licence then the LL can't move son in, and if it is then the op rights are already limited. If it is a tendency, and the current tenants including op do agree to the son moving in then it's still a tenancy with another name added to it.


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    #10
    paulieeye
    Registered Users Posts: 896 ✭✭✭paulieeye


    sounds this guy moving in will be loved by his fellow housemates!


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