Rental situation legality

Zoodlebop

Is it legal for a landlord to take cash at the end of the month from tenants who have no lease, no rent book and no deposit?

If not, how does the renter deal with this situation. Say for instance he is asked to move out at the end of the month.

Thanks.

partyguinness

There is nothing wrong with him taking cash at the end of the month per se.

Without a rent book etc he is breaching his obligations under the Housing Regulations leglisation. He should have a written lease but not legally. He should be registered with the PRTB and Local Authority and also should be paying tax but they are issues for him not you.

It leaves your position very exposed in the event of a dispute.

Scooby tiggs

Check out the PRTB website. The landlord by law should provide a rent book to each of his tenants. It is an offence for him not to have the property registered with the PRTB as he would be liable to fines. Many landlords do not register their properties so that they do not have to pay these fees and for tax evasion purposes.

You appear to have a periodic tenancy as there is no lease involved. If you have been in the property for longer than 6 months you will have qualified for Part 4 tenancy rights. This means if you are there longer than 6 months, you have the right to stay there for a further 3 and a half years, the landlord cannot evict you unless he is selling the property or you have been a disruptive tenant (committed damage to property etc) or the landlord will move into the property himself. Look at the Residential Tenancies Act legislation for exceptions to the Part 4 tenancy rule where a landlord can get you out.

Also most importantly even where the landlord is not registered with the PRTB, you are still protected by the legislation so you are not exposed. The ball as I see it is in your court !

dats_right

A couple of important questions, must be established:

1. What date did you occupy the premises?

2. Does the landlord or their spouse, parent or child reside in the dwelling as well?

Zoodlebop

Have been in the property since last September.

He/family do not reside there.

The situation has actually resolved itself, but do the above facts mean that he can't throw us out at any time?

bugler

He can only terminate the tenancy under certain prescribed grounds as laid out in the RTA 2004. These tend to be fairly broad though:

If the LL wants the property for themselves or immediate family.
If the LL is to substantially refurbish.
If the property "no longer meets the needs of the tenant" or something similar.

Etc. Full list on Threshold.ie.

Within the first 6 months they can terminate for any reason whatsoever, but you're over that hump now.

So you're covered for 6 months to 4 years by the above conditions, with increasingly lengthy periods of notice of termination needed from yourself also during this period. The longer you're there, the more notice you need to give (or be given, if the LL is availing of one of the conditions above).

Can someone clarify if after 4 years the LL can just terminate the tenancy without any reason needed? If they let it roll can they then terminate during the first 6 months of the post 4 year period without reason also? I guess I'm asking is anything after 4 years treated as though it was a brand new tenancy?