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Can a council house be privately rented ?

  • 28-11-2017 12:13am
    #1
    Registered Users, Registered Users 2 Posts: 1


    Myself and my girlfriend , two third level students, have been renting an apartment/house for six months. We have recently come across documents that seem to indicate we're living in a council house , something which our landlord didn't make us aware of.
    1. Is this legal ?
    2.Are we entitled to a refund of previous rent paid ?


Comments

  • Registered Users, Registered Users 2 Posts: 419 ✭✭mkdon


    Following - how did you find out ? More details please


  • Registered Users, Registered Users 2 Posts: 419 ✭✭mkdon


    Following - how did you find out ? More details please


  • Registered Users, Registered Users 2 Posts: 17,860 ✭✭✭✭fritzelly


    If the council are letting the property out to the "landlord" then he is the resident renter not you so yes he's breaking the tenancy agreement. And I'm assuming you're not "on the floor"
    http://www.dublincity.ie/sites/default/files/content/HousingAndCommunity/LookingForAHome/tenants%20handbook.pdf

    As for part 2 - are you joking?


  • Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    Your landlord may be in breach of his agreement with the council, but this is not your problem.

    Your not entitled to a refund of rent paid to date - you got what you paid for, which is accommodation. If, as a result of the landlord's breach of his duty to the Council, you end up having to leave, then you might have a claim of some kind against the landlord (for failing to provide you with the accommodation that he has contracted to provide).


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    A council tenant can take housemates - but they must be approved by the council, and the rent calculation papetwprk requires them to provide details that a subtenant would not normally give to their landlord.


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  • Registered Users, Registered Users 2 Posts: 11,217 ✭✭✭✭B.A._Baracus


    You can't legally rent out a counsel house.
    But come on... you would be looking to get rent back? :pac: What a greedy thing to say.


  • Registered Users, Registered Users 2 Posts: 4,782 ✭✭✭Xterminator


    Hi OP

    just wow. a refund of rent for time you did have accommodation without issue?

    If 'by legal' you mean could the council take action if they found out, yes they could. however as accommodation is hard to find, im not sure if you want to cause this to happen. if you are unhappy, you should look around, and leave when alternative place to stay is sourced.

    there is always the possibility someone will report this, and your could suddenly be told to leave. make sure you have receipts for rent and bills, to protect yourself. do not pay cash only with no receipt/rent book.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭Arklow10


    The landlord may have purchased the property from the Council?
    There may well be a line in the house deeds that says it cannot be sublet or rented on- however they may have purchased the property and bought out this clause?
    You may be looking at an old document that has subsequently update?

    Enjoy the property !


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