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Landlady turning sitting room into bedroom

  • 15-10-2017 9:15pm
    #1
    Registered Users, Registered Users 2 Posts: 33


    Hi all,

    Hope you can help four working professionals working in Dublin. We're currently living in a 4 bed house with a small kitchen and decent sized sitting room. Paying 600 each a month plus bills in the City Centre.

    The landlady has decided to turn the sitting room into a bedroom leaving only the cramped kitchen as a living space. She's bought a second microwave (not sure what her plan for it is) and has put three fridges into the three big bed rooms (my box room is too small), presumably to make up for the upcoming lack of fridge space.

    We are all unhappy about it and she's just put a single bed into the sitting room. She's registered for a four bedroom house with the tenancy board.

    Is there anything we can do about this? My thoughts are that we can't do a thing, she holds all the cards and gets to make the rules of the game.

    Any response would be much appreciated!


Comments

  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Tombomb7 wrote: »
    Hi all,

    Hope you can help four working professionals working in Dublin. We're currently living in a 4 bed house with a small kitchen and decent sized sitting room. Paying 600 each a month plus bills in the City Centre.

    The landlady has decided to turn the sitting room into a bedroom leaving only the cramped kitchen as a living space. She's bought a second microwave (not sure what her plan for it is) and has put three fridges into the three big bed rooms (my box room is too small), presumably to make up for the upcoming lack of fridge space.

    We are all unhappy about it and she's just put a single bed into the sitting room. She's registered for a four bedroom house with the tenancy board.

    Is there anything we can do about this? My thoughts are that we can't do a thing, she holds all the cards and gets to make the rules of the game.

    Any response would be much appreciated!

    Fridges on bedrooms? Sounds like the beginnings of a bedsit


  • Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    Tombomb7 wrote: »
    Hi all,

    Hope you can help four working professionals working in Dublin. We're currently living in a 4 bed house with a small kitchen and decent sized sitting room. Paying 600 each a month plus bills in the City Centre.

    The landlady has decided to turn the sitting room into a bedroom leaving only the cramped kitchen as a living space. She's bought a second microwave (not sure what her plan for it is) and has put three fridges into the three big bed rooms (my box room is too small), presumably to make up for the upcoming lack of fridge space.

    We are all unhappy about it and she's just put a single bed into the sitting room. She's registered for a four bedroom house with the tenancy board.

    Is there anything we can do about this? My thoughts are that we can't do a thing, she holds all the cards and gets to make the rules of the game.

    Any response would be much appreciated!

    Assuming the landlady does not live there, it depends on what is in your contract, does it mention shared access to the sitting area? If not it is more than likely implied anyway.

    Best thing to do is not rely on posters here, seek help - Threshold, Flac, solicitor etc.


  • Registered Users, Registered Users 2 Posts: 846 ✭✭✭April 73


    Are you renting the house as a whole unit or are you renting by the room separately? What is in your lease agreement? You may be able to stop this so it's worth investigating.
    It is crazy - you're paying for a service that has suddenly been reduced by having no sitting room & sharing the kitchen & bathroom with a fifth person. Sheer greed on the part of the LL.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    davindub wrote: »
    Best thing to do is not rely on posters here, seek help - Threshold, Flac, solicitor etc.

    I would trust the posters here before threshold to be fair.
    OP - Google rent standards and see if it says anything about living areas.

    You may be a licensee though so may not have any rights.


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    It is an interesting and complex one. I would say that no, she cannot reduce the quality of your accommodation like this if it is a registered (or registrable) tenancy.

    What you do next really depends on whether the whole property is registered as one tenancy, or if you each have separate tenancies registered.


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  • Registered Users, Registered Users 2 Posts: 33 Tombomb7


    Thank you to all who have replied thus far. We are all renting rooms individually so I am not renting the entire house.

    There is no mention of access to a shared sitting room/living space in the contract. I think under the contents of the house it mentions a gas stove/fire which is located in the sitting room, but not sure if that would be a loophole. I'll double check the lease this morning.

    I'll also check with the associations listed above because the reduction in quality is something to go on and will you know what I find out.

    If I was to try and contend this I feel I can predict the outcome: 1) nothing happens but I have to leave as the landlady won't renew my tenancy since I'm so much hassle and she can easily rent my room, 2) we prevent it and she doesn't renew my lease as I'm too much hassle.

    My current lease isn't up until July next year so I'm assuming she can't just kick me out if I'm paying rent, but again this is Dublin and she's holding all the cards so I wouldn't be surprised at anything.


  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    One of the key questions would be if the landlady also lives in the house. If she does you are licencees and have very few rights. You would essentially be paying guests.

    If the landlady does not live in the house you are tenants and if you are there over six months are protected by part four of the residential tenancy act. If your tenancy is for a fixed term until July that would be in addition to your rights under the residential tenancy act.

    I know if I was renting a room in a four bedroom house and a common area like a living or sitting room was being turned into an extra bedroom I would not be happy.

    Get some advice on your exact circumstances as any answers may depend on how the house was advertised, the terms in your lease, how long you are there and the same for the others in the house.


  • Moderators, Society & Culture Moderators Posts: 40,357 Mod ✭✭✭✭Gumbo


    Lodge a complaint to the Environmental standards section of your council.
    Housing standards could be breached and also overcrowding issues.


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    Tombomb7 wrote: »
    Hi all,

    Hope you can help four working professionals working in Dublin. We're currently living in a 4 bed house with a small kitchen and decent sized sitting room. Paying 600 each a month plus bills in the City Centre.

    The landlady has decided to turn the sitting room into a bedroom leaving only the cramped kitchen as a living space. She's bought a second microwave (not sure what her plan for it is) and has put three fridges into the three big bed rooms (my box room is too small), presumably to make up for the upcoming lack of fridge space.

    We are all unhappy about it and she's just put a single bed into the sitting room. She's registered for a four bedroom house with the tenancy board.

    Is there anything we can do about this? My thoughts are that we can't do a thing, she holds all the cards and gets to make the rules of the game.

    Any response would be much appreciated!

    Has she registered a single 4 bed tenancy or separate tenancies. If the former, she has breached her agreement to grant you peaceful enjoyment of the property.


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    The question in my mind is whether it is registered as one tenancy or four, not whether you have four separate leases.

    I assume, because it is registered, that the owner does not live there. But this is a very important detail.


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  • Registered Users, Registered Users 2 Posts: 33 Tombomb7


    Hi all,

    The owner doesn't live in the house and normally doesn't visit unless a repair needs to be made or a tenant is moving in/out. The other three tenants in the house are relatively new (the last few months) as the other lads moved out between June/July and now but I've been here since January 2015.

    I can also confirm the house is currently registered as a 4 bedroom property, not five. I'm contacting those associations this morning so will let you know what they say.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    Whose name is on the lease?


  • Registered Users, Registered Users 2 Posts: 33 Tombomb7


    The lease is between the Landlady and I, it's a "Memorandum Of Agreement" where I am referred to as "The Tenant" so effectively we jointly sign the agreement, I as "The Tenant".


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    Well get as much advice as you can, but it looks to me like if you were go to RTB, you would hold all the cards.

    You do need to clearly explain to the landlord that you want her to stop what she is doing and remove the unwanted furniture.

    But get as much advice as you can.


  • Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    If the landlady does not live in the house you are tenants and if you are there over six months are protected by part four of the residential tenancy act. If your tenancy is for a fixed term until July that would be in addition to your rights under the residential tenancy act.

    That's not accurate. From the RTB's site itself.

    What is a Licensee?
    1. A licensee is a person who occupies accommodation under license. Licensees can arise in all sorts of accommodation but most commonly in the following four areas;
    2. persons staying in hotels, guesthouses, hostels, etc.,
    3. persons sharing a house/apartment with its owner e.g. under the ‘rent a room’ scheme or ‘in digs’,
    4. 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, and
    5. persons staying in rented accommodation at the invitation of the tenant.
    The provisions of the Residential Tenancies Act 2004 do not apply to the first three categories. Although most of the Act does not apply to the fourth category also, some provisions are relevant where the licensee is residing with the tenant and this leaflet is aimed at persons in that category.
    Tombomb7 wrote: »
    The lease is between the Landlady and I, it's a "Memorandum Of Agreement" where I am referred to as "The Tenant" so effectively we jointly sign the agreement, I as "The Tenant".

    Shes screwed herself there.

    I would suggest getting together with the other tenants. The best option would be to approach the landlord and say that since she is removing a essential part of the house, your rent should go down. Say 800 euros divided by number of tenants.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    If you are renting a room only then you may not have much say, you have an agreement to rent the room but the common areas are just a shared space that you may have little control or say over.


  • Registered Users, Registered Users 2 Posts: 846 ✭✭✭April 73


    Tombomb7 wrote: »
    The lease is between the Landlady and I, it's a "Memorandum Of Agreement" where I am referred to as "The Tenant" so effectively we jointly sign the agreement, I as "The Tenant".

    What else does the lease say? Does it refer to a four bedroom property? And does it refer to you renting the property or being given access to only a bedroom within the property?


  • Registered Users, Registered Users 2 Posts: 33 Tombomb7


    Unfortunately not April, it merely states there is a gas stove on the contents of the house which is located in the sitting room but there is no mention of living space, the sitting room, or anything of the sort. I think we're simply at her mercy :)


  • Registered Users, Registered Users 2 Posts: 33 Tombomb7


    April 73 wrote: »
    What else does the lease say? Does it refer to a four bedroom property? And does it refer to you renting the property or being given access to only a bedroom within the property?

    Unfortunately nothing of the sort, it merely says furnished premises and refers to our address.


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    Tombomb7 wrote: »
    Unfortunately not April, it merely states there is a gas stove on the contents of the house which is located in the sitting room but there is no mention of living space, the sitting room, or anything of the sort. I think we're simply at her mercy :)

    If she has registered it as a single tenancy, i.e. on reference number for all of you with the RTB, then she will find it difficult to enforce any other arrangement at the RTB than a single continuing tenancy with changing tenants. In cases where the tenants have had exclusive use of the property collectively then the property is not in her possession as a result of which it is not within her power to create additional bed spaces as she has no authority to enter the property other than with your agreement for periodic inspections. She is proposing to breach the most fundamental of the landlord's obligations "to [provide] peaceful and exclusive occupation of the dwelling".


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  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    Tombomb7 wrote: »
    Unfortunately nothing of the sort, it merely says furnished premises and refers to our address.

    That is to your advantage if the dwelling is specified as the address then it is clear that it is the whole house and not simply some small part of it. I thunk landlord's should be entitled to maximise their rent but I think that yours is a muppet who doesn't realise how basic her error is.


  • Registered Users, Registered Users 2 Posts: 846 ✭✭✭April 73


    Who is registered as the tenant on the RTB website?
    I think you've a reasonable chance of fighting this as a tenant in the property.
    Sometimes people on here talk about renting rooms where the LL sends in a cleaner to prove that the tenants only have use of bedroom but no expectation of ownership of common spaces. Your LL hasn't done this I presume?


  • Registered Users, Registered Users 2 Posts: 36,434 ✭✭✭✭LuckyLloyd


    You can fight this.

    Start by contacting the Landlady to clearly indicate your opposition to the proposed change. She may simply back off if she realises that you are willing to object.


  • Registered Users, Registered Users 2 Posts: 48 Purple Sheep


    I'm curious about this from the other side. A few answers suggest that if the landlord lives in the house too then it's probably ok? I live in a 2 bed and thought I'd rent out the second room to help with paying the mortgage if needed, but if times got really tough I could move into the living room for a few months or a couple of years and rent out my room too while waiting to fall back on my feet. Beyond minding the rent-a-room relief limits, are there issues with doing something like that?


  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    If you are renting a room only then you may not have much say, you have an agreement to rent the room but the common areas are just a shared space that you may have little control or say over.

    No, this cant be correct. If I view a room I take a room on the basis of looking at all the common areas, checking to see how many people are in the house. If there is no sitting room or a 'converted' sitting room in a house to a bedroom I would not have taken a room, I would walk away. The landlady has changed the arrangement.

    I would take the bed apart & chuck it out the back. Also for now I would withhold rent & if she confronts you just state that you are all not happy with this change. All withhold rent until it is resolved. If she kicks you out on the street take a case against her through the PRTB.


  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    I'm curious about this from the other side. A few answers suggest that if the landlord lives in the house too then it's probably ok? I live in a 2 bed and thought I'd rent out the second room to help with paying the mortgage if needed, but if times got really tough I could move into the living room for a few months or a couple of years and rent out my room too while waiting to fall back on my feet. Beyond minding the rent-a-room relief limits, are there issues with doing something like that?
    Provided your tenants are new it would be acceptable, otherwise I would say not. People always look at it as if a person is renting a room only. For me thats not the case. I take everything into consideration: bedroom and communical space such as kitchen/sitting room/bathroom etc. My rent is not just for a bedroom, its the bedroom + waht comes with it. No doubt you could make an arrangement, but the rent should be reduced to compensate the other tenants


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    James 007 wrote: »
    No, this cant be correct. If I view a room I take a room on the basis of looking at all the common areas, checking to see how many people are in the house. If there is no sitting room or a 'converted' sitting room in a house to a bedroom I would not have taken a room, I would walk away. The landlady has changed the arrangement.

    I would take the bed apart & chuck it out the back. Also for now I would withhold rent & if she confronts you just state that you are all not happy with this change. All withhold rent until it is resolved. If she kicks you out on the street take a case against her through the PRTB.

    Withholding rent will put you in breach of contract and is not recommended.


  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    dudara wrote: »
    Withholding rent will put you in breach of contract and is not recommended.

    And thats fine, it will take the landlady 18 months to get the tenants out. It will be a headache for the landlady. If she had stipulated in advance when someone is viewing a room that he intends to put a bed in there I would be okay with it, because I would have the full picture to make the decision to move in or not.

    I would also have prevented her putting a fridge into my bedroom. I would take that fridge and chuck it into the garden out the back too. To be some way kind to the landlady I would have the bed dismantled and standing in the hall, have all fridges in the hall ready for collection and all 3-4 of the tenants confront her directly.

    You are professionals not students, so don't even accept a reduction on rent, this is about effecting your comfort level in a house. Take the hard stance and tell her you are not accepting this otherwise as a group of tenants withhold the rent


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    James 007 wrote: »
    And thats fine, it will take the landlady 18 months to get the tenants out. It will be a headache for the landlady. If she had stipulated in advance when someone is viewing a room that he intends to put a bed in there I would be okay with it, because I would have the full picture to make the decision to move in or not.

    I would also have prevented her putting a fridge into my bedroom. I would take that fridge and chuck it into the garden out the back too. To be some way kind to the landlady I would have the bed dismantled and standing in the hall, have all fridges in the hall ready for collection and all 3-4 of the tenants confront her directly.

    You are professionals not students, so don't even accept a reduction on rent, this is about effecting your comfort level in a house. Take the hard stance and tell her you are not accepting this otherwise as a group of tenants withhold the rent

    I've seen room only renters out on their ear in less than 18 mins so I wouldn't be so confident ;)


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  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    Any advice to withold rent is very poor advice. By doing so you would put yourself in a position where the LL could lawfully terminate your tenancy.

    You would seem to be in the right at the moment, to insist that your current living arrangements are not upset. Why jepordise that ?

    You could withold rent and it might take 18 months, an RTB ruling and court enforcement to have you removed but you would still owe that rent and possibly the legal costs of that process and if you fail to pay that, then the additional legal costs of obtaining and enforcing a judgement for rent owed and those earlier legal costs on top of that again.

    It seems likely you share a joint tenancy for the house (not just a room in the house) and are protected by part IV of the Residential Tenancy Act, and if in a RPZ against any unreasonable increase in your rent if you (and the other tenants) are firm in rejecting these changes to your accommodation.

    It may be the LLs property but, as long as you are renting there, it is your home and you are entitled to have it respected as your home and to its peaceful enjoyment.


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Contact the planning office for the local council. It’ll breach planning permission


  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭jsd1004


    I've seen room only renters out on their ear in less than 18 mins so I wouldn't be so confident ;)

    Room only renter in a shared occupancy that does not have exclusive access to the property or shared areas is a very grey area. If the owner retains access to the property they are free to do what ever they like in the shared areas within the law. From a lot of research i have done including consulting with the RTB a licencee has very limited rights (if any) if they do not have exclusive access to the whole of the property and a signed tenancy ie (Part 4) in force.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    jsd1004 wrote: »
    Room only renter in a shared occupancy that does not have exclusive access to the property or shared areas is a very grey area. If the owner retains access to the property they are free to do what ever they like in the shared areas within the law. From a lot of research i have done including consulting with the RTB a licencee has very limited rights (if any) if they do not have exclusive access to the whole of the property and a signed tenancy ie (Part 4) in force.

    Th RTB have consistently take the side of the tenants in a case like tgis. They will not infer a series of separate licences. The o/p can open a dispute with the RTB. He has Part 4 protection which he can trace back to the first tenants if need be. If the landlady wants to claim there are 4 sepaprate dwellings she will need to provide each with a cooker, mircowave etc.


  • Registered Users, Registered Users 2 Posts: 2,273 ✭✭✭twowheelsonly


    Speak to the other tenants and see if any of them still have a copy or screenshot of the original ad. They've only been there a couple of months so might well have it. I'd imagine that you don't.
    If the ad they responded to mentions shared living spaces she's absolutely at nothing. Even at that, you're not paying for, and neither did you agree to, a bedsit. That's a whole new ball game to a "Spacious room in a 4 bedroom house...."


  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    jsd1004 wrote: »
    Room only renter in a shared occupancy that does not have exclusive access to the property or shared areas is a very grey area. If the owner retains access to the property they are free to do what ever they like in the shared areas within the law. From a lot of research i have done including consulting with the RTB a licencee has very limited rights (if any) if they do not have exclusive access to the whole of the property and a signed tenancy ie (Part 4) in force.

    This is not the case. Up to the point of the landlady putting a bed into the sitting room the 4 tenants living in the accommodation had exclusive rights to the kitchen and sitting room. The owner in this case does not retain access to the property, this is our understanding of the situation. As the previous poster has pointed to, the landlady is trying to change their accommodation arrangement from a shared house situation to a bedsit time arrangement.

    A few years ago I lived with a girl who had the double room downstairs (the original sitting room) and she decided to have her 'boyfriend' move in. There was no consulting the rest of the tenants. When I put it to the landlord, that I moved into a house with 4 max. and look for a reduction in rent, he said 'sure you rent has nothing got to do hers and vice versa'. It turned out he was from Newcastle, no job, heating on all day and to this day I still think they were not boyfriend or girlfriend. One of the other tenants decided I am going to screw him back, starved him of rent for close to 6 weeks and all the bills, left old clothes from the hot press lying around his room to make it look like he was living there. Of course I new this, but didn't say a word until the landlord finally opened his bedroom door. Well the 30min taped conversation that I still have of him talking to me, phoning the other tenant, me explaining that I just received a text from the other tenant wishing me well and I wont be returning etc. still gives me a good barrel of laughs today. Cork wanker. Needless to say I left a month later. Playing that conversation back does make me smile.


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  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭jsd1004


    James 007 wrote: »
    This is not the case. Up to the point of the landlady putting a bed into the sitting room the 4 tenants living in the accommodation had exclusive rights to the kitchen and sitting room. The owner in this case does not retain access to the property, this is our understanding of the situation. As the previous poster has pointed to, the landlady is trying to change their accommodation arrangement from a shared house situation to a bedsit time arrangement.

    A few years ago I lived with a girl who had the double room downstairs (the original sitting room) and she decided to have her 'boyfriend' move in. There was no consulting the rest of the tenants. When I put it to the landlord, that I moved into a house with 4 max. and look for a reduction in rent, he said 'sure you rent has nothing got to do hers and vice versa'. It turned out he was from Newcastle, no job, heating on all day and to this day I still think they were not boyfriend or girlfriend. One of the other tenants decided I am going to screw him back, starved him of rent for close to 6 weeks and all the bills, left old clothes from the hot press lying around his room to make it look like he was living there. Of course I new this, but didn't say a word until the landlord finally opened his bedroom door. Well the 30min taped conversation that I still have of him talking to me, phoning the other tenant, me explaining that I just received a text from the other tenant wishing me well and I wont be returning etc. still gives me a good barrel of laughs today. Cork wanker. Needless to say I left a month later. Playing that conversation back does make me smile.

    The agreement between the licensee and licensor is exclusive to any agreement made with other parties . The licence is to rent a room in shared accommodation without exclusive access. The non exclusive access is the important bit as it is difficult to form/define a tenancy if there is no exclusive access.


  • Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    jsd1004 wrote: »
    James 007 wrote: »
    This is not the case. Up to the point of the landlady putting a bed into the sitting room the 4 tenants living in the accommodation had exclusive rights to the kitchen and sitting room. The owner in this case does not retain access to the property, this is our understanding of the situation. As the previous poster has pointed to, the landlady is trying to change their accommodation arrangement from a shared house situation to a bedsit time arrangement.

    A few years ago I lived with a girl who had the double room downstairs (the original sitting room) and she decided to have her 'boyfriend' move in. There was no consulting the rest of the tenants. When I put it to the landlord, that I moved into a house with 4 max. and look for a reduction in rent, he said 'sure you rent has nothing got to do hers and vice versa'. It turned out he was from Newcastle, no job, heating on all day and to this day I still think they were not boyfriend or girlfriend. One of the other tenants decided I am going to screw him back, starved him of rent for close to 6 weeks and all the bills, left old clothes from the hot press lying around his room to make it look like he was living there. Of course I new this, but didn't say a word until the landlord finally opened his bedroom door. Well the 30min taped conversation that I still have of him talking to me, phoning the other tenant, me explaining that I just received a text from the other tenant wishing me well and I wont be returning etc. still gives me a good barrel of laughs today. Cork wanker. Needless to say I left a month later. Playing that conversation back does make me smile.

    The agreement between the licensee and licensor is exclusive to any agreement made with other parties . The licence is to rent a room in shared accommodation without exclusive access. The non exclusive access is the important bit as it is difficult to form/define a tenancy if there is no exclusive access.

    A tenancy arises from payment of rent or lease. Exclusive access has been discussed before as limited to the tenants and the landlord and can be only a bedroom.

    But also the tenancy and lease will also assume terms not expressly written into the lease. So if when the tenant moved in there is a shared sitting room it would be a breach to withdraw this access. Same goes for parking, etc.


  • Registered Users, Registered Users 2 Posts: 2,196 ✭✭✭Fian


    Tombomb7 wrote: »
    Hi all,

    Hope you can help four working professionals working in Dublin. We're currently living in a 4 bed house with a small kitchen and decent sized sitting room. Paying 600 each a month plus bills in the City Centre.

    The landlady has decided to turn the sitting room into a bedroom leaving only the cramped kitchen as a living space. She's bought a second microwave (not sure what her plan for it is) and has put three fridges into the three big bed rooms (my box room is too small), presumably to make up for the upcoming lack of fridge space.

    We are all unhappy about it and she's just put a single bed into the sitting room. She's registered for a four bedroom house with the tenancy board.

    Is there anything we can do about this? My thoughts are that we can't do a thing, she holds all the cards and gets to make the rules of the game.

    Any response would be much appreciated!

    You are in a RPZ. This is the unfortunate side effect of rent controls. Landlady cannot up the rent she is charging you to market rates. She believes that for the price she is charging she would be able to get tenants willing to do without a sitting room in the current market. So she is working around the legislation by adding another bedroom to increase her income even at the cost of
    dropping the standard of the place.

    If there were not artificial rent controls you would instead probably have faced a rent increase - so perhaps from your point of view this is preferable. It is not great for the overall market though, to have perverse incentives like this. and you have my sympathies - sounds like an unpleasant scenario.

    If you are renting the whole house as joint tenants you may have recourse via the RTB. Be aware that if you go down that route it might prompt a notice of eviction on the basis of substantial renovations - with the renovations consisting of remodeling the premesis to add an additional bedroom. Though if you had made a complaint with the RTB they might be unlikely to take such a notice at face value. Just something to consider though.

    Are you paying significantly below market rent - when was the last time your rent was raised prior to the RPZ controls coming in?


  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭jsd1004


    davindub wrote: »
    A tenancy arises from payment of rent or lease. Exclusive access has been discussed before as limited to the tenants and the landlord and can be only a bedroom.

    But also the tenancy and lease will also assume terms not expressly written into the lease. So if when the tenant moved in there is a shared sitting room it would be a breach to withdraw this access. Same goes for parking, etc.

    Ok then


  • Registered Users, Registered Users 2 Posts: 815 ✭✭✭jsd1004


    davindub wrote: »
    A tenancy arises from payment of rent or lease. Exclusive access has been discussed before as limited to the tenants and the landlord and can be only a bedroom.

    But also the tenancy and lease will also assume terms not expressly written into the lease. So if when the tenant moved in there is a shared sitting room it would be a breach to withdraw this access. Same goes for parking, etc.

    Ok. Go to Court and get it in law.


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  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭OwlsZat


    Tombomb7;104980507Hi all,
    You are in a RPZ. This is the unfortunate side effect of rent controls. Landlady cannot up the rent she is charging you to market rates. She believes that for the price she is charging she would be able to get tenants willing to do without a sitting room in the current market. So she is working around the legislation by adding another bedroom to increase her income even at the cost of dropping the standard of the place.

    My girlfriends rented accommodation was let out as three bedrooms (1 owner/occupier & 1 sitting room having been converted). The 3rd person since moved out. What does the landlady do? She keeps the sitting room locked and uses it to herself.

    It's not surprising so see someone so self centered. It's just a shame that our legislation doesn't have any protection for this sort of stuff.


  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    OwlsZat wrote: »
    My girlfriends rented accommodation was let out as three bedrooms (1 owner/occupier & 1 sitting room having been converted). The 3rd person since moved out. What does the landlady do? She keeps the sitting room locked and uses it to herself.

    It's not surprising so see someone so self centered. It's just a shame that our legislation doesn't have any protection for this sort of stuff.

    If it was originally a converted bedroom before your girlfriend moved in then its fine. My issue is when a landlord changes the setup after a tenant moves into a place, which seems to be happening to the OP.

    In your case the owner has a right to lock the sitting room in case she ever wants to convert it back to a bedroom. She could come to an arrangement with your girlfriend that she could use it provided there is an understanding that it could be converted back to a bedroom in the future. However she has made a choice to have the room as her private space which I can understand too. She values her private space over renting the room to a 3rd person in the house.

    I think your girlfriend has to understand that she never had this space in the first place, so why make it an issue now. In fact there are less tenants in the house now which should be an added advantage to your girlfriend. Also with the landlord in the sitting room, it would mean less time in the other communial areas which would mean your girlfriend would see less of her too.


  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭OwlsZat


    She isn't making an issue out of it. Just made me relate to the OP. The whole housing situation and the ever growing rich poor divide is a serious race to the bottom.


  • Registered Users, Registered Users 2 Posts: 349 ✭✭Aye Bosun


    OwlsZat wrote: »
    She isn't making an issue out of it. Just made me relate to the OP. The whole housing situation and the ever growing rich poor divide is a serious race to the bottom.

    It's two very different situations, the OP is a tenant, your girlfriend is a licensee as she lives with owner occupier. She rents a room in the landlords own home, the landlord can do what she like with the sitting room, your girlfriend has no rights at all. The OP on the other hand does!


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