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Can the owner put them on the street

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  • 16-02-2015 8:45pm
    #1
    lulu1
    Registered Users Posts: 1,815 ✭✭✭


    I am posting for a friend.

    Her and her partner moved into a house which was owned by someone who is now living in America.
    The renting of the house is being looked after by a neighbour.
    My friend pays 80e a week into the neighbours bank account
    Since my friend has moved in about 10 mts they have been asking for a tenensey agreement
    but was always fobbed off with this that and the other
    Now today the friend has received a text message from the person that owns the house saying they have to be out of the house in 14 days

    Ps Before they moved into this house we did advise them against it and it was nothing but hassle since they moved in

    Can anyone advise


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    #2
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    They have to be given 28 days notice.


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    #3
    RecordStraight
    Closed Accounts Posts: 3,292 ✭✭✭RecordStraight


    Tell your friend to lodge a complaint with the PRTB. Guaranteed that the landlord is not registered and will get in a heap of bother.


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    #4
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    As they have been there for 10 months, I would say that a Part 4 tenancy is in effect. This means that they should receive 5 weeks / 35 days notice to depart (as they are there over 6 months but under 1 year).

    As the owner is living in America, the collection agent (in this case the neighbour) is responsible for deducting tax from the rent and paying it to the Revenue, on behalf of the landlord. See here for more information.


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    #5
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Also, since it's Part 4, you must be given a valid reason. The landlord can't just serve notice.

    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html
    For a tenancy that has lasted between 6 months and 4 years – known as a Part 4 tenancy – the landlord can end it only in the following circumstances:

    After 3 years and 6 months
    If you do not comply with the obligations of the tenancy
    If the property is no longer suited to your needs (for example, if it is overcrowded)
    If the landlord intends to sell the property within 3 months
    or for the following specific purposes:

    If the landlord needs the property for him/herself or for an immediate family member
    If the landlord intends to refurbish the property substantially
    If the landlord plans to change the business use of the property (for example, convert it to office use)


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    #6
    Mrs OBumble
    Registered Users Posts: 25,719 ✭✭✭✭Mrs OBumble


    E80 per week sounds incredibly cheap for a house.

    Perhaps the friend was not actually authorised to let the place out at all.

    It's possible that the owner may view you as a squatter rather than a tenant
    tenan

    Did the friend get receipts for the rent they paid?


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    #7
    iguana
    Moderators, Entertainment Moderators Posts: 12,909 Mod ✭✭✭✭iguana


    Mrs OBumble wrote: »
    E80 per week sounds incredibly cheap for a house.

    Plenty of houses in less urban parts of the country rent for that kind of money.


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    #8
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    iguana wrote: »
    Plenty of houses in less urban parts of the country rent for that kind of money.

    It really depends on where the property is.......
    I suspect its Donegal- and if its the property I have in mind- open market rent for the area is probably around 500 a month- not 80 a week.......

    I am suspicious that the neighbour may have been asked by the owner to keep an eye on the property- and may be letting it on the side........

    Lulu1- you do know that your friend is liable for witholding tax on the rent, unless the neighbour is setup as the owner's agent?

    There are too many things that scream 'trouble' about this whole situation..........


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    #9
    lulu1
    Registered Users Posts: 1,815 ✭✭✭lulu1


    Mrs OBumble wrote: »
    E80 per week sounds incredibly cheap for a house.

    Perhaps the friend was not actually authorised to let the place out at all.

    It's possible that the owner may view you as a squatter rather than a tenant
    tenan

    Did the friend get receipts for the rent they paid?

    yea as far as i know they have got receipts


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    #10
    Mrs OBumble
    Registered Users Posts: 25,719 ✭✭✭✭Mrs OBumble


    iguana wrote: »
    Plenty of houses in less urban parts of the country rent for that kind of money.

    Don't think so: on Daft right now, there are 44 houses in the entire country for between 300-350 per month. Yes, it's a small country - but not that small!

    OP, having receipts is good. But even so, if I was your friend I'd be looking to move sooner rather than later. If rents in the area really are that low, then it should be possible to get somewhere quickly.

    And re the tax thing: your friend has been paying rent to a neighbour in Ireland, so I would see them as acting as an agent - therefore the 20% with-hold doesn't apply.


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    #11
    ShaShaBear
    Registered Users Posts: 5,528 ✭✭✭ShaShaBear


    Mrs OBumble wrote: »
    Don't think so: on Daft right now, there are 44 houses in the entire country for between 300-350 per month. Yes, it's a small country - but not that small!

    I'm in Monaghan and renting a 3-bed semi-detached house with garden for €80 a week. Was living in a house bordering between Culloville and Castleblayney about 2 years ago and it was a 4-bed house (extremely well-furnished and decorated) for €90 a week because of the distance away from town. Perfectly normal prices for smaller houses to rent in Cavan as well.


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    #12
    lulu1
    Registered Users Posts: 1,815 ✭✭✭lulu1


    Mrs OBumble wrote: »
    Don't think so: on Daft right now, there are 44 houses in the entire country for between 300-350 per month. Yes, it's a small country - but not that small!

    OP, having receipts is good. But even so, if I was your friend I'd be looking to move sooner rather than later. If rents in the area really are that low, then it should be possible to get somewhere quickly.

    And re the tax thing: your friend has been paying rent to a neighbour in Ireland, so I would see them as acting as an agent - therefore the 20% with-hold doesn't apply.

    Yes we talked earlier and she said as much as she loves the house and the area she is going to move just as soon as she can if she finds something suitable


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    #13
    hdowney
    Registered Users Posts: 12,921 ✭✭✭✭hdowney


    ShaShaBear wrote: »
    I'm in Monaghan and renting a 3-bed semi-detached house with garden for €80 a week. Was living in a house bordering between Culloville and Castleblayney about 2 years ago and it was a 4-bed house (extremely well-furnished and decorated) for €90 a week because of the distance away from town. Perfectly normal prices for smaller houses to rent in Cavan as well.

    the house you rented at that price two years ago is highly likely to be un-occupied at the moment, and the house you are renting at that price, well YOU are renting it at that price therefore it isn't AVAILABLE. We are not saying there are not houses priced in that level around the country, we are saying the AVAILABILITY of houses in that price level around the country is lacking.


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