Renting/Deposit Dilemma

Ok_library2595

Hi everyone,

I would appreciate any advice or knowledge that others may have from their own similar experiences.

I am renting in a house at the moment and I live with the landlord and others. The landlord has been very difficult to deal with and very unfair e.g., I am paying rent which includes bills however I am being told that I cannot access the immersion/heating among other restrictions - told I can shower for only 2 minutes, to not use the light in my room during the day etc.

When I moved in here I signed a contract which states that if I leave before 6 months I will not receive my deposit back.

Last week, I asked my landlord for receipts for my rent and I was denied these I was also told not to apply for the renters tax credit (500 euro) as the landlord is not paying tax despite them claiming they are doing the rent a room scheme. The landlord told me straight out that they are getting far more than the 14k per year.

I have since found another place to rent as I find the current situation challenging however my query is - since she is not paying tax does this therefore make the contract that I signed null? I would fight that I am entitled to my deposit back even if I move before 6 months (which I will be) - I would like to get this deposit back or alternatively as I dont move till the end of December I would just let the landlord use my deposit as my next rent that is due. I dont want to lose out on a deposit AND another months rent (over 600 quid is rent).

Has anyone any experience with this? I did some research into it and it seems as I am doing rent a room and I am a lodger in the house I essentially have no rights however I am really not impressed with what my landlord is doing and getting away with so I would also like to challenge this without too much hassle from them but I dont know if thats going to happen.

Thanks in advance

Dav010

Your rental agreement is not contingent on your LLs tax affairs, so the fact that she may not be declaring her income does not void your rental agreement.

You are a licensee, therefore just a guest in the owners house. Having agreed to forfeit your deposit if you moved out within 6 months, it’s hard to see what rights you have in relation to its return. If you don’t pay rent for the last month, she will most likely put you out the door the day your rent isn’t paid and as a licensee, you will have no tenancy rights relating to notice/eviction.

In relation to the electricity, it is obvious that costs have risen dramatically in the last 6 months, so if you want to use more, there would most likely be a significant increase in your rent if it includes bills.

In relation to the tax, a quick call to Revenue might be in order.

Browney7

What's in the agreement in relation to review of rent? What happens if you have a 4 minute shower? Eviction? Given that they can ask you to leave the house at "reasonable" notice it seems a fairly one way term that you have to stay 6 months and they don't have to repay the favour. Would you be willing to go to the small claims court if it came to it to see what a judge might say? Not saying you'd win but hassle for everyone - doubt the LL would struggle to fill your room once you depart.

Is there anything in writing in relation to the electricity and hot water consumption or was the "agreement" silent on how long you can stay in the shower etc? How does the landlord/property owner plan on ensuring you don't apply for the renters tax credit? If you do manage to strike an amicable agreement, ensure you get cash from LL/property owner on exchange of keys and everyone goes on their merry way and has a nice Christmas.

You are a licensee under rent-a-room conditions and have very, very few rights in this instance.

See here

https://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html#la4956

Also, this type of rental does not fall under the remit of the RTB.

As you are residing in the landlords home, the law considers the landlord first, tenant second. The system is set up like to protect the landlords home for the very reason it is their home.

Things are skewed in favour of the tenant when it comes to renting out a whole flat/house/apartment

The landlord has left themselves in a difficult position by not being tax compliant.

If you are correct about them not paying tax I'm sure you will be able to get your deposit back if you decide to leave. The last thing the landlord will want is revenue having a look at their affairs.