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Kicked out of rented accommodation

  • 05-12-2014 5:50pm
    #1
    Registered Users, Registered Users 2 Posts: 386 ✭✭


    If paying rent for over 3 years but have no lease sign can a landlord kick me out with only one month's notice?


Comments

  • Closed Accounts Posts: 481 ✭✭anonyanony


    monkey8 wrote: »
    If paying rent for over 3 years but have no lease sign can a landlord kick me out with only one month's notice?

    Are you living with the landord, renting a single room or renting a whole property?

    If renting a whole property no he can't you have part 4 rights contact prtb. What reason did he give for wanting you out?


  • Registered Users, Registered Users 2 Posts: 386 ✭✭monkey8


    anonyanony wrote: »
    Are you living with the landord, renting a single room or renting a whole property?

    If renting a whole property no he can't you have part 4 rights contact prtb. What reason did he give for wanting you out?

    I'm sharing with 5 others. Landlord doesn't live here.
    Do I have part 4 rights without having signed a lease?
    Would anyone have a link to this?


  • Closed Accounts Posts: 481 ✭✭anonyanony


    monkey8 wrote: »
    I'm sharing with 5 others. Landlord doesn't live here.
    Do I have part 4 rights without having signed a lease?
    Would anyone have a link to this?

    Are you paying for just a room in the house from the LL this can be a grey area on your rights or are renting the whole unit, when you moved in was it all 5 of you at once together how do you pay the rent?


  • Registered Users, Registered Users 2 Posts: 386 ✭✭monkey8


    anonyanony wrote: »
    Are you paying for just a room in the house from the LL this can be a grey area on your rights or are renting the whole unit, when you moved in was it all 5 of you at once together how do you pay the rent?

    Each room is rented separately. I am the only one here that long. Some here 6 months, some 1.5 years


  • Closed Accounts Posts: 481 ✭✭anonyanony


    monkey8 wrote: »
    Each room is rented separately. I am the only one here that long. Some here 6 months, some 1.5 years

    And your paid your deposit and rent to the LL direct? This is a grey area even if the landlord is not living there, you need to get onto the prtb or threshold but if I remember correct the landord does not need to register with the prtb in these situations so they might not able to help.

    Hope more people can give you help here


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  • Closed Accounts Posts: 481 ✭✭anonyanony


    Here is why it more then likely ok to remove you

    www[dot]prtb[dot]ie/media-research/publications/licensees-in-private-rented-accommodation

    Repace dot with. Mod can you fix I cannot post links yet


    What is a Licensee?

    3. persons occupying accommodation in which the owner is not resident under a formal license arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants.

    This is common in student places but might happen elsewhere and sound's like what you have as a licensee you have zero rights and can ask you to leave at any time, 30 days would be fair notice if this is the way you rented.

    Please contact threshold or if any other posters can comment if they know more


  • Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    What proof do you have that you've been living there - are payments in cash, or through the bank?

    Sometimes what is legal and what is enforceable are different things.


  • Closed Accounts Posts: 4,180 ✭✭✭hfallada


    anonyanony wrote: »
    Here is why it more then likely ok to remove you

    www[dot]prtb[dot]ie/media-research/publications/licensees-in-private-rented-accommodation

    Repace dot with. Mod can you fix I cannot post links yet


    What is a Licensee?

    3. persons occupying accommodation in which the owner is not resident under a formal license arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants.

    This is common in student places but might happen elsewhere and sound's like what you have as a licensee you have zero rights and can ask you to leave at any time, 30 days would be fair notice if this is the way you rented.

    Please contact threshold or if any other posters can comment if they know more

    A Licensee is like a lodger. Its some who rents in the house you live. But in this case, this person is consider a tenant. They should have been registered with the PRTB. Even if they werent registered with the PRTB, they still have the rights of some registered with one.

    OP you should have gotten a longer notice. http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination-and-notice-of-termination-by-email

    Have you gotten warning for anything before?

    Regardless you need to file a complaint with the PRTB


  • Closed Accounts Posts: 481 ✭✭anonyanony


    hfallada wrote: »
    A Licensee is like a lodger. Its some who rents in the house you live. But in this case, this person is consider a tenant. They should have been registered with the PRTB. Even if they werent registered with the PRTB, they still have the rights of some registered with one.

    OP you should have gotten a longer notice.
    Have you gotten warning for anything before?

    Regardless you need to file a complaint with the PRTB

    If you read no.3 in the prtb page it says that is you are renting a room with shared usage of the common area's and the landlord is the one that changes the tenants even if he does not live there then you are infact a licensee. That is what it sounds like op is in


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