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Tenants within owner occupied houses don't require leases

  • 23-08-2014 9:04pm
    #1
    DS86
    Closed Accounts Posts: 79 ✭✭


    Hello, I'm currently within a rental household whereby I had not been issued a lease by the landlord as he had stated that a lease was unnecessary as it was an owner occupied rental home. Is there truth in this statement, or do all rental accommodation households require leases to be signed, regardless of whether the landlord is living in the house, aka. during weekdays?

    Thank you.


Comments

  • #2
    angeldelight
    Registered Users, Registered Users 2 Posts: 5,175 ✭✭✭angeldelight


    He's correct - you would be viewed as a licensee not a tenant, as such you don't have to have a lease and also he can ask you to leave with little to no notice at any time. You don't have tenant's rights


  • #3
    DS86
    Closed Accounts Posts: 79 ✭✭DS86


    angeldelight wrote: »
    He's correct - you would be viewed as a licensee not a tenant, as such you don't have to have a lease and also he can ask you to leave with little to no notice at any time. You don't have tenant's rights

    Do contracts and tenants rights only apply to non- owner occupied households? Also by asking me to leave, do you mean on the spot, or giving notice to vacate within 28 days?


  • #4
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    http://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html

    Read this.


  • #5
    angeldelight
    Registered Users, Registered Users 2 Posts: 5,175 ✭✭✭angeldelight


    DS86 wrote: »
    Do contracts and tenants rights only apply to non- owner occupied households?

    Yes
    Also by asking me to leave, do you mean on the spot, or giving notice to vacate within 28 days?

    Could technically be on the spot, although it would be very harsh!


  • #6
    the world wonders
    Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    DS86 wrote: »
    Hello, I'm currently within a rental household whereby I had not been issued a lease by the landlord as he had stated that a lease was unnecessary as it was an owner occupied rental home. Is there truth in this statement, or do all rental accommodation households require leases to be signed, regardless of whether the landlord is living in the house, aka. during weekdays?
    Even 'proper' non-owner-occupied tenancies don't actually require a written lease. It's still a very good idea for both parties to sign some sort of agreement laying down rights and responsibilities.
    The Residential Tenancies Act 2004 applies to every dwelling which is occupied on foot of a tenancy. A tenancy can take a number of different forms and may be oral, written or implied. A written tenancy is known as a lease.
    Residential Tenancies Act 2004 wrote:
    “tenancy agreement” includes an oral tenancy agreement;
    ...
    “tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;
    ...


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