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Rent supplement denied by landlord.

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  • 07-07-2012 1:04pm
    #1
    AlfaR147
    Registered Users Posts: 46 ✭


    Hi, any help given here will be gratefully appreciated.
    I am currently renting a house privately and have recently fallen on hard times.
    I have asked the landlord would he accept rent supplement for the house and was refused. I was then informed he wanted me to vacate the house as he does not want children in it, I have a 5 year old boy and an 18 month little girl.
    The main problem is that when I moved in, I wasn't given a contract to sign, even after asking for one and I pay the rent by cash into the landlords hand or an associate of his.
    Do I have any rights and if I do who can help me?
    Any advice anyone can give me would be great as I cant get a straight answer from anyone or anywhere!
    Thank you.


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    #2
    Marcusm
    Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    All else being equal, if you have been there more than 6 months you have a right to remain for up to 4 years at a market rent. THese are known as PArt 4 rights and you can read more about them at websites like prtb.ie and threshold.ie Having kids is not a ground for him terminating your tenancy. However, he has no obligation to assist you in obtaining rent supplement (e.g. by signing forms) and if your rent is late because of non receipt of rent supplement, it is your problem rather than his. Maybe consider some middle ground.


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    #3
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Given that:

    1. Your LL only takes cash;
    2. He will not accept Rent Allownace;
    3. You do not have a lease

    it is highly likley that he is not declaring the income to the Revenue, he has not registered the tenancy to the PRTB and he has not provided you with a BER Certificate.

    Were I in your shoes, I would report him to the Revenue, the PRTB and the SEAI respectively.

    Then just move out.


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    #4
    Farcear
    Registered Users Posts: 618 ✭✭✭Farcear


    Pkiernan wrote: »
    3. You do not have a lease

    Why do you say there is no lease?


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    #5
    January
    Closed Accounts Posts: 23,865 ✭✭✭✭January


    AlfaR147 wrote: »
    Hi, any help given here will be gratefully appreciated.
    I am currently renting a house privately and have recently fallen on hard times.
    I have asked the landlord would he accept rent supplement for the house and was refused. I was then informed he wanted me to vacate the house as he does not want children in it, I have a 5 year old boy and an 18 month little girl.
    The main problem is that when I moved in, I wasn't given a contract to sign, even after asking for one and I pay the rent by cash into the landlords hand or an associate of his.
    Do I have any rights and if I do who can help me?
    Any advice anyone can give me would be great as I cant get a straight answer from anyone or anywhere!
    Thank you.
    Farcear wrote: »
    Why do you say there is no lease?

    Reading the first post is usually the way people get this sort of information.


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    #6
    Farcear
    Registered Users Posts: 618 ✭✭✭Farcear


    Leases do not need to be in writing.

    Indeed, they often are not. The most common example would probably be in non-commercial situations where a tenant signs up for a 12 month lease and remains on in the premises after 12 months. In this situation the tenant has an implied oral lease.

    The only situation in which there would not be a lease was if this was a licence agreement but it's not clear from the OP whether this is a lease or a licence situation.


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    #7
    AlfaR147
    Registered Users Posts: 46 ✭AlfaR147


    Pkiernan is right. He obviously isnt claiming the rent received, I knew that. My only option is to report him, but that kind of stuff has a way of following you and I dont want my name to be dirt when looking for another property, its hard to find any place to live, never mind one that will accept rent supplement. Thanks for the replies people. Im gonna have to get onto a solicitor. There are other things that may be factors in his decision that I dont want to post here.
    Thanks again.


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    #8
    Victor
    Registered Users Posts: 78,312 ✭✭✭✭Victor


    AlfaR147 wrote: »
    I was then informed he wanted me to vacate the house as he does not want children in it, I have a 5 year old boy and an 18 month little girl.
    Assuming it is at least a two-bed, then the property is perfectly adequate for the moment. This is a contrived reason. However, you can't use the Equal Status Act against the landlord unless it is a very big house, i.e. fit for more than six people. http://www.irishstatutebook.ie/2000/en/act/pub/0008/sec0006.html#sec6
    The main problem is that when I moved in, I wasn't given a contract to sign
    There is still a contract, based on you paying X per month for the property and the Residential Tenancies Act. Assuming you have been there for 6 months, Part 4 of the act applies and that is the basis of the contract.


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