(URGENT NEED HELP) No lease

ninjarambohd

Hi all. I was wondering is the landlord allowed not to give you a lease even though you are still living in the same property? My landlord hasn't renewed the lease since 2016 and in 2016 she sent me a letter saying she wants her house for 2017. Was she allowed not to give me a lease for this period?

ross2010

She doesn't have to give you a lease. You are still protected by the law but you are effectively month to month rather than fixed term. As it stands your landlord could issue you with a notice to terminate the tenancy for reasons like she wants to sell or use property for family or renovate. She still must give you the notice in writing and give you the correct notice period per law based on the duration of how long you have lived there. If you were on a fixed term lease she would need to wait until the end of your lease before she could issue the notice, as it stands she can issue notice any time.

_brendand_

When did you move in? You have Part 4 tenancy rights to they need to give you the appropriate notice period and have a valid reason to require the property back.

ninjarambohd

Hi eveyone and good morning. I am having a problem with my landlord again.

I have not had a lease for this house since 2016. Now my wife is trying to get the social welfare rent supplement under her name as due to some problems that I had with the landlord (him not filling out the review form in time) my one got terminated.

Now the rent supplement section requires a lease in order to process the new form. That's OK on my part, but, the landlord is refusing to give me a lease for the next 6 months that I have left in this house. He intends to sell the house so he gave me a notice of termination and I am to leave the house in August.

Is this possible? Can he not provide me a lease so I can give a copy to the social welfare to get this rent supplement back up and running because I only have 6 months in this house and he has served me a notice of termination?

overkill602

when you receive notice your first priorty should be to secure new accomodation a lease would tie you to that letting while on notice i dont think it makes sence have you told social welfare you are on notice?

ninjarambohd

overkill602 wrote: »

when you receive notice your first priorty should be to secure new accomodation a lease would tie you to that letting while on notice i dont think it makes sence have you told social welfare you are on notice?

Oh I'm defo looking for a new accommodation since day 1 but can't find any at all. I keep emailing the person dealing with the new accommodation but never receive a response.

I spoke to the social welfare they said I should send them the notice of termination.

L1011

Did you have a lease in 2016 or do you mean you never had one at all?

The old one, if there was one, is the current one as you are now there under Part IV rules

ninjarambohd

L1011 wrote: »

Did you have a lease in 2016 or do you mean you never had one at all?

The old one, if there was one, is the current one as you are now there under Part IV rules

No, I have had a lease up until 2016 and from 2016 on wards he didn't sign one with me no matter what I did.

Graham

Plenty of renters/tenants have no lease, particularly after the initial lease ends.

You now have a part 4 tenancy, this will not be something new to social welfare.

ninjarambohd

Graham wrote: »

Plenty of renters/tenants have no lease, particularly after the initial lease ends.

You now have a part 4 tenancy, this will not be something new to social welfare.

Thank you. What about the fact that now my LL wants to give me a 14 day notice of termination because the rent supplement section has yet to make a payment to him until I give them the required documents? What options do I have here?

Kristopherus

ninjarambohd wrote: »

Thank you. What about the fact that now my LL wants to give me a 14 day notice of termination because the rent supplement section has yet to make a payment to him until I give them the required documents? What options do I have here?

PTRB.

punisher5112

Kristopherus wrote: »

PTRB.

It's rtb

handlemaster

ninjarambohd wrote: »

Thank you. What about the fact that now my LL wants to give me a 14 day notice of termination because the rent supplement section has yet to make a payment to him until I give them the required documents? What options do I have here?

From the landlords point of view it is you that has not paid your rent. the welfare office have no interaction with the landlord. in fact if your landlord called them they would tell him nothing

ninjarambohd

handlemaster wrote: »

From the landlords point of view it is you that has not paid your rent. the welfare office have no interaction with the landlord. in fact if your landlord called them they would tell him nothing

Thank you. But can he kick me out even though he knows that the social welfare rent supplement form is in process?

Graham

ninjarambohd wrote: »

Thank you. What about the fact that now my LL wants to give me a 14 day notice of termination because the rent supplement section has yet to make a payment to him until I give them the required documents? What options do I have here?

To be blunt the rent has to be paid or the next notice will be to terminate the tenancy.

The_Conductor

You still have an obligation to pay the rent- irrespective of where you're getting the money to pay the rent from.
It is none of the landlord's business how you're paying the rent- just that you're paying the rent.
If your rent is late- standard practice is to immediately issue a 14 days notice of arrears.
You need to ensure that your social welfare officer is aware that you have been issued with notice or arrears, and any delays in processing your claim may result in you loosing your property.

RossieMan

Of course he can. He's not getting rent. Not his problem.

Fol20

ninjarambohd wrote: »

Thank you. But can he kick me out even though he knows that the social welfare rent supplement form is in process?

Yes he can. It doesnt matter if its in process. Right now if rent is due and you have been paid, he can start the ball rolling in eviction.

Its like you using the not paying for car insurance when the renewal is due but sure “its in process”

ninjarambohd

I sent in the form about a month ago and only got a response now stating I need to give in additional documents. If the social approves the forms and all will they pay the rent from the date of my application?

handlemaster

ninjarambohd wrote: »

handlemaster wrote: »

From the landlords point of view it is you that has not paid your rent. the welfare office have no interaction with the landlord. in fact if your landlord called them they would tell him nothing

Thank you. But can he kick me out even though he knows that the social welfare rent supplement form is in process?

Rent hasnt been paid nothing else matters to the landlord. The details how or why doesnt matter to the Landlord

The_Conductor

ninjarambohd wrote: »

I sent in the form about a month ago and only got a response now stating I need to give in additional documents. If the social approves the forms and all will they pay the rent from the date of my application?

Honestly- you *need* to clarify things like this with DSP- you are already in rent arrears- it is not the case that you can necessarily pay a lumpsum at some future point in time- rent is due on a periodic basis, typically monthly- and yours is overdue.

You need to talk to welfare and clarify exactly what is happening- and ensure they are aware that you have already been served with a notice of termination- based on the fact that you are in rent arrears.

You NEED to get on top of this.

Your notice of termination ends- if you clear any arrears within the 14 days of the notice- if not- the landlord has a valid reason to terminate your residency- on the basis that you are in rent arrears (the actual process is a bit convoluted- and indeed- could take longer than until next August- so it may be moot one way or the other).

Either way- you need to sort your rent arrears- or else the landlord has a valid reason to terminate your tenancy- without the need for a notice period.

4ensic15

The_Conductor wrote: »

Either way- you need to sort your rent arrears- or else the landlord has a valid reason to terminate your tenancy- without the need for a notice period.

Termination for rent arrears requires 28 days notice. O/P you should complain to the WRC under equality grounds if the non-payment on your part was caused by the landlord being slow to process the form.

The_Conductor

4ensic15 wrote: »

Termination for rent arrears requires 28 days notice. O/P you should complain to the WRC under equality grounds if the non-payment on your part was caused by the landlord being slow to process the form.

He has said DSP came back to him after a protracted period seeking additional documentation. I honestly imagine this one is on DSP- not the landlord. DSP move at a glacial pace- unless there is some implication of their slowness- and the OP needs to spell out to consequences of their slowness- and their coming back to him looking for further documentation that they really should have checked at the outset.

4ensic15

The_Conductor wrote: »

He has said DSP came back to him after a protracted period seeking additional documentation. I honestly imagine this one is on DSP- not the landlord. DSP move at a glacial pace- unless there is some implication of their slowness- and the OP needs to spell out to consequences of their slowness- and their coming back to him looking for further documentation that they really should have checked at the outset.

The o/p already said the landlord was slow in filling in a form. No need for imagination.

ninjarambohd

I did forget to mention earlier that, he owes me money himself as well. He owes me around 2.7K or so, which the RTB has instructed him to pay within 28 days. But, he is refusing to pay that money unless I pay him the rent. Is this right? Can he do this?

Graham

Mod Note

Sorry OP, with this and your other recent threads it is clear you need to seek qualified and specific legal advice.

Please engage a solicitor or talk to FLAC

Thread closed