Tenant or landlord in the right?

s08t

My friend is renting a house at the moment. She is registered and has signed a contract for which I think is a year. Her landlord put up a sign in the front yard last week which says 'FOR LETTING'. (He put the sign up knowing that my housemate was renting it). My friend rang the landlord and asked him what is going on with the house, he said youre fine nothing to worry about, that he is just letting out the other rooms in the house.
Alot of people are coming to the door asking my friend is the house for letting. She phoned the landlord again telling hin this and he told her not to worry about anything yet and he is going to try and talk to the agent to rent the rooms instead of the whole house. I have a feeling the landlord is messing my friend about and someday hel tel her unannounced that she has to move out.
I know I can look up PTRB and the tenancies board but would anyone know offhand what rights my housemate has in this situation and who is in the right. Your help is much appreciated. Thanks.

TheBody

Is your friend paying the rent for the whole house or just for a room in the house?

Farcear

Contract is inviolable.

amdublin

TheBody wrote: »

Is your friend paying the rent for the whole house or just for a room in the house?

+1

Procrastastudy

s08t wrote: »

Alot of people are coming to the door asking my friend is the house for letting.

What recession?

s08t

Thanks for the feedback. TheBody: My friend is renting one room in the house but has access to the whole house, meaning sitting room kitchen etc.

s08t

GCD Lawstudent: When I say alot of people I mean maybe 6 couples in 3 days. Ye ur right tere...What Recession?

TheBody

s08t wrote: »

Thanks for the feedback. TheBody: My friend is renting one room in the house but has access to the whole house, meaning sitting room kitchen etc.

If your friend is only renting one room, I don't see what the landlord is doing wrong, (apart from the possible disruption to your friend). He wants to rent out the other rooms to maximise his income. As long as your friend has some sort of contract/lease for his/her room she is fine. You hardly expect the landlord to let your friend have the whole house to themselves and only pay for one room!!

s08t

TheBody: Thanks for the reply. My friend doesnt care if the landlord rents out the other rooms. (She'd be thankful of the company). With my landlord putting a FOR LETTING sign outside, The issue is, is that my landlord is thinking of renting out the whole house and moving my friend out. I would like to know does he have the right to do this.

TheBody

s08t wrote: »

TheBody: Thanks for the reply. My friend doesnt care if the landlord rents out the other rooms. (She'd be thankful of the company). With my landlord putting a FOR LETTING sign outside, The issue is, is that my landlord is thinking of renting out the whole house and moving my friend out. I would like to know does he have the right to do this.

Oh now I get ya!! he can't move your friend out if he/she has a lease. Get on to PRTB for advice.

Procrastastudy

Unless he lives there of course.

Has your friend signed (and got a copy) of her lease?

s08t

The Body: thats great thanks. Aologies for muddling u up, dont tink i explained it well in the first msg.

GCD Lawstudent: The landlord doesnt live in the house. I know she has signed a lease but am uncertain if she has a copy. must find out... thanks.

krd

Something that happened to some students I knew.

They saw an ad for a house that looked really cheap. 4 bedrooms, well within their budget. They move in, each takes a room. A few days later, the landlord turns up with another bunch of students and moves them into the house. The guys I knew are not pleased - but they're too young, naive to kick up a fuss. Now there's 8. The landlord turns up with another group of young students - moves everyone around and now there are twelve students in the house.

It's getting out of hand, every bit of living space bar the kitchen has been turned into a bedroom. The landlord turns up with another bunch of students. At this point the guys I knew leave. But I heard at one point the landlord managed to jam 18 students into the house.

s08t

GCD Lawstudent: Yes my friend has signed and has a copy of her lease/contract.

KRD: thats awful. then I thought my friend is having a hard time of it...

odds_on

TheBody wrote: »

Oh now I get ya!! he can't move your friend out if he/she has a lease. Get on to PRTB for advice.

In this type of rented accommodation the PRTB will not help as it is outside their remit: i.e. renting a room and sharing facilities in a house does not come under the term "Dwelling" in the RTA 2004.

If she has a fixed term lease, the landlord cannot evict her unless she breaches her obligations.

RangeR

s08t wrote: »

Wot you said

Why doesn't your friend get her friend [you?] to ring the agent and enquire about renting. Ask some questions. How many rooms, full house, etc.

Sorted

sharpsuit

odds_on wrote: »

In this type of rented accommodation the PRTB will not help as it is outside their remit: i.e. renting a room and sharing facilities in a house does not come under the term "Dwelling" in the RTA 2004.

If she has a fixed term lease, the landlord cannot evict her unless she breaches her obligations.

Tenant housing-sharing arrangements all come within the scope of the Residential Tenancies Act. The jurisdiction of the Private Residential Tenancies Board in relation to tenant house-shares was clarified in a recent Tribunal decision: http://public.prtb.ie/2012%20Disputes/2012%20Tribunals/TR168.2011.DR92.2011/Report.pdf [NB this, of course, only applies where the landlord does not share the accommodation]

odds_on

sharpsuit wrote: »

Tenant housing-sharing arrangements all come within the scope of the Residential Tenancies Act. The jurisdiction of the Private Residential Tenancies Board in relation to tenant house-shares was clarified in a recent Tribunal decision: http://public.prtb.ie/2012%20Disputes/2012%20Tribunals/TR168.2011.DR92.2011/Report.pdf [NB this, of course, only applies where the landlord does not share the accommodation]

Thank you very much indeed sharpsuit.
At last, some intelligent thinking and determination from the PRTB. It always seemed to me to be ridiculous that this type of accommodation could be outside the RTA 2004 and the remit of the PRTB. I was following previous PRTB adjudications which must now be nullified.

The RTA 2004 was very badly worded and is difficult to understand as Miss Justice Laffoy said.

Jev/N

Check the clauses in the Lease, there's usually one to do with allowing such signs etc.

s08t

Thanks for your help everyone, much appreciated. My housemate rang the landlord about the sign and asked him out straight what is going on. He said he is letting out the whole house so shel have to move out at some point but not sure when. But a few days later the sign was down so I guess the landlord must of changed his mind. I would say my housemate was in the right tho as she has a lease signed. Thanks again.

RangeR

s08t wrote: »

But a few days later the sign was down so I guess the landlord must of changed his mind.

Or he actually found someone.

s08t

No RangeR, didnt find anyone as yet. Housemate is still in the house on her own.