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Living with Landlord : Tenant Rights

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  • 31-01-2010 11:23pm
    #1
    odhran666
    Registered Users Posts: 18 ✭


    Do tenants that are living with their landlord have any rights at all?

    I'm in this situation and am very unhappy, however I'll lose my deposit if I leave before May. I feel very trapped in this situation so any advice or comments would be appreciated.

    Thanks.


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    if your renting a room in his house then you have zero rights whatsoever.

    if you have a lease you have the same rights as any other leaseholder, sounds to me like you have a personality clash with him and want to leave as a result ? if so you have no rights to do so.


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    #3
    odhran666
    Registered Users Posts: 18 ✭odhran666


    But there is actually no lease, there was just a vague verbal agreement on the terms of the renting, does that mean he has no right to keep my deposit if I choose to leave before my next rent is due?


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    #4
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    D3PO wrote: »
    if your renting a room in his house then you have zero rights whatsoever.
    if you have a lease you have the same rights as any other leaseholder, sounds to me like you have a personality clash with him and want to leave as a result ? if so you have no rights to do so.

    That's a bit simplistic. A few years ago I lived in a shared rented house in Dublin in which one room was kept empty. The "landlord" got all his post delivered to the Dublin house however he actually lived in Monaghan, a fact he was all too quick to inform us of whenever anyone of us called with a problem/question. He kept a key to the house and would let himself in and out whenever he felt like, staying in the 'empty' room.

    It wasn't long before problems then started. Began with him threatening to empty out the rooms during the day and leaving our stuff in the front garden. Constantly complaining about 'noise', including one Paddy's weekend when none of tenants were actually in the house. He went on to accuse me of moving my gf in.. despite the fact that I offered to put him on the phone to the lady she was sharing a house with. In the end when I and the others were leaving he point-blank refused to return deposits and he told us there was nothing we could do about it. Turned out he was right, because of the fact that he got post delivered to the address and kept an empty room at the house, he could argue that we were not tenants sharing a house but merely "renting a room" in "his house" and had no rights whatsoever. It made no difference that it was advertised as a 3 bed house to rent etc.

    The Irish tenant/landlord situation is ridiculous.


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    #5
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    odhran666 wrote: »
    Do tenants that are living with their landlord have any rights at all?

    I'm in this situation and am very unhappy, however I'll lose my deposit if I leave before May. I feel very trapped in this situation so any advice or comments would be appreciated.

    Thanks.

    You're not a tenant if the owner of the house is living with you so you don't have the same rights at all.

    http://www.citizensinformation.ie/categories/housing/renting-a-home/sharing-accommodation-with-your-landlord

    This link should help you out.


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    #6
    Victor
    Registered Users Posts: 78,297 ✭✭✭✭Victor


    As a lodger, you are entitled to move out, provided you give reasonable notice.

    I don't see why you shouldn't get your deposit back. Why do you think "I'll lose my deposit if I leave before May."

    Do you have receipts?


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    The landlord can only use the rent-a-room scheme in his/her principle private residence (PPR). They are not entitled to hold a broom cupboard in a second house and then claim they really live there. Proving it may be difficult- but there is a whole team in the Revenue Commissioners only too interested in hearing about this sort of thing.

    There are numerous implications associated with their claiming this to be their PPR- legally and for tax purposes it may very well be- but personally I would query it........?


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    #8
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    prinz wrote: »
    That's a bit simplistic. A few years ago I lived in a shared rented house in Dublin in which one room was kept empty. The "landlord" got all his post delivered to the Dublin house however he actually lived in Monaghan, a fact he was all too quick to inform us of whenever anyone of us called with a problem/question. He kept a key to the house and would let himself in and out whenever he felt like, staying in the 'empty' room.

    It wasn't long before problems then started. Began with him threatening to empty out the rooms during the day and leaving our stuff in the front garden. Constantly complaining about 'noise', including one Paddy's weekend when none of tenants were actually in the house. He went on to accuse me of moving my gf in.. despite the fact that I offered to put him on the phone to the lady she was sharing a house with. In the end when I and the others were leaving he point-blank refused to return deposits and he told us there was nothing we could do about it. Turned out he was right, because of the fact that he got post delivered to the address and kept an empty room at the house, he could argue that we were not tenants sharing a house but merely "renting a room" in "his house" and had no rights whatsoever. It made no difference that it was advertised as a 3 bed house to rent etc.

    The Irish tenant/landlord situation is ridiculous.

    So how is it a bit simplistic, you have just backed up my point as somebody renting a room you have no rights.Its actually not to simplistic. Your situation just shows that this landlord knew how to play the system in regards to holding all the rights.

    Back to the OP if you havent signed any lease then hand in your notice.


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    #9
    antoinolachtnai
    Registered Users Posts: 9,776 ✭✭✭antoinolachtnai


    Well, you do have rights in contract law. The problem is that there is no practical way of enforcing them.


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    #10
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    smccarrick wrote: »
    Proving it may be difficult- but there is a whole team in the Revenue Commissioners only too interested in hearing about this sort of thing.

    Indeed. When I called to claim a rent tax credit, got talking to a lovely lady in the Revenue and went through the whole story with her and she was most interested. Just hope something came of it.
    D3PO wrote: »
    So how is it a bit simplistic, you have just backed up my point as somebody renting a room you have no rights.

    Because even if you are 'renting a room' there are things you can use for leverage depending on the situation.


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    #11
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    prinz wrote: »
    Indeed. When I called to claim a rent tax credit, got talking to a lovely lady in the Revenue and went through the whole story with her and she was most interested. Just hope something came of it.



    Because even if you are 'renting a room' there are things you can use for leverage depending on the situation.

    You have no leverage if its a genuine situation. Theres no tax leverage as the homeowner isnt going to be earning above the rent a room threshold, what other leverage would you have ?


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    #12
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    D3PO wrote: »
    You have no leverage if its a genuine situation. Theres no tax leverage as the homeowner isnt going to be earning above the rent a room threshold, what other leverage would you have ?

    Except we don't actually know the OP's situation. We don't know if the landlord is indeed living there, or how many rooms are rented out.


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    #13
    odhran666
    Registered Users Posts: 18 ✭odhran666


    Just to clear a few things up, I am the only tenant, renting a room in the landlords house. I pay cash-in-hand every month at the start of the month and don't bother with recepts.

    The house is very unhygenic, the bathroom and kitchen are absolutly filthy, the bathroom (which has no windows) light has been broken for 3 months and the landlord refuses to fix it claiming not to have any time to do it. If I were to leave on the grounds that the living conditions are unhealthy (with or without a lease) would that entitle me to my deposit back?

    The original verbal agreement didn't say anything about him having to maintain the house to any standard, but it is honestly dangerous to live in this house.

    Thanks for all your replies so far.


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    #14
    sharper
    Registered Users Posts: 1,216 ✭✭✭sharper


    The deposit is to cover any damage you do to the property, not for your landlord to keep as leverage over you.

    Find yourself somewhere else to live first. Then at the start of the month instead of paying your landlord cash tell him he can keep your deposit as your last month's rent.

    Even if you had a written agreement it would be worthless anyway and there'd be no way to force him to enact repairs. Your only shot is to get out of there ASAP hopefully with a minimum of fuss.

    Even if you stay until May I wouldn't count on getting your deposit back.


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