Dublin: Your rights as a tenant? Can tenants sublet / share the property without the landlord's knowledge? , Can a landlord evict tenants?'
In Ireland we have had cases of sub-letting without the knowledge of the Landlord or the Agent, which had to be settled out of court. There are many people in the Indian community who have been warned in cases of subletting without the owner's knowledge. Try to enter into a sub-let contract when you signed rental agreement, or things can get to the point where you can't get home insurance and court proceeding.!!!
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The landlord was shocked when the owners of a nearby apartment contacted the landlord saying they were renting out the property, and when the landlord came to inquire, the rental apartment property was in such a deplorable condition that the landlord contacted the tenants after searching Airbnb and other social media platforms for advertising information, and they did not reject it, but the lease agreement gave the tenants the right to sublet- Tenants notified.
Your rights as a tenant?
If you rent a room in your landlord's house, the landlord and tenant legislation does not apply to your rent, but the legislation also covers you if you rent an apartment or flat by yourself.
Read more in the document About Sharing accommodation with your landlord.
Your rights as a private tenant !!
- You are entitled to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and inform your landlord. If this does not work, you can make a formal complaint
- You are entitled to certain minimum standards of accommodation
- You are entitled to a rent book
- You have the right to contact the landlord or their agent at any reasonable time. You are also entitled to have the correct contact information for them (telephone numbers, email addresses, postal addresses, etc.)
- Your landlord is only allowed to enter your home with your permission. If your landlord needs to repair or inspect the property, it should be arranged in advance, unless it is an emergency
- You are entitled to be reimbursed for any repairs that you carry out that are the landlord's responsibility
- You are entitled to have visitors to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord if you have an extra person moving in
- You are entitled to a certain amount of notice if your tenancy is being terminated
- You are entitled to at least 90 days’ notice if your landlord wants to review the rent, and there are rules about how often they can do this
- You are entitled to refer any disputes to the Residential Tenancies Board (RTB) without being penalised
- You have the right to a copy of any register entry the RTB has about your tenancy
- All homes for rent must have a Building Energy Rating (BER), stating how energy-efficient the home is.
What is subletting?
Subletting occurs when the tenant lets another party sublease the rental property they have rented from the landlord. The tenant then assumes the position of the landlord (known as the head tenant) in relation to his or her subtenant. Subletting usually occurs because the tenant has signed a fixed-term lease and, for whatever reason, wants to get out of the lease before it expires. Sub-letting can only be done with the consent of the landlord.
If a landlord denies a tenant the option of subletting, the tenant can serve a notice to terminate the tenancy if they wish. Sub-letting is not available in approved housing body tenancies.
What is the assignment?
An assignment is when a tenant transfers the entire interest of a tenant to a third party. The original tenant ceases to have any interest or interest in the tenancy and the assignee is now the tenant dealing directly with the landlord and responsible for the rent.
A PART 4 tenancy protection ceases if a landlord grants a PART 4 tenancy to a person other than a sub-tenant. PART 4 A continuous tenure of 6 months is required for the new assignee before being eligible for tenancy rights.
If a tenant assigns a tenancy to an existing sub-tenant, the original PART 4 sub-tenant shall remain a PART 4 tenancy in favor of the new assignee for the remainder of the sub-tenant's tenure and the assignee shall become a tenant of the landlord.
Assignment can only take place with the consent of the landlord. If a landlord refuses an assignment of rent for a specified period, a tenant can serve a notice of termination on the landlord.
Sub-letting to tenants of approved housing bodies to pay their rent? Not allowed to do
SEE RTB STATEMENT: https://www.rtb.ie/beginning-a-tenancy
'The landlord wants to evict the tenants as soon as possible, but it seems that the tenants will file a complaint with the RTB. The home owner can't even make an insurance claim for damages because it states that it can only be used for housing purposes. What is the best course of action?'
First, subletting cannot be done without the landlord's permission. But either way, they don't sublet, they use it for commercial purposes by advertising on the commercial platform Airbnb. This is a fundamental breach of lease that you can legally terminate at short notice. You may terminate the tenancy for any of the following reasons;
- The house is used for commercial purposes;
- Tenants' actions may have voided the homeowner's insurance policy;
- Tenants have not informed the landlord about all the inhabitants of the house;
- They are bound under the lease not to do anything that violates the landlord's obligations in respect of the tenancy.
- Simply put, if the homeowner's insurance is voided, the homeowner is not covered for fire, flood, or any other damage not only to the property itself, but also to nearby properties. Also, if someone renting an apartment is injured on the property or in any common area, they can sue the management company, but the landlord can be held liable.
- You risk being prosecuted under new changes to planning laws which state that owners of rental properties who advertise on commercial platforms will be subject to severe penalties if they do not have planning permission for short-term lets.
In short, renters have seriously exposed you on multiple fronts. Regardless of the statutory notice periods for terminating a tenancy, the tenant will receive a 28-day or seven-day notice of termination when the tenant breaches the tenant's obligations under the lease. A 28-day notice period is usually given for non-payment of rent, but a 7-day notice can be given for more serious matters such as commercial purposes or works that threaten the structure of the dwelling.
Tenants may file a case with the Residential Tenancies Board [RTB], although this is less likely. But if that happens, it is debatable whether the RTB has jurisdiction to hear whether it is being used for commercial purposes and not for residential purposes. However, the landlord must have proof that your tenants advertised on Air B&B and sublet the apartment outside, so keep copies of the ad(s) and the landlord can get statements from neighbors as further proof.
For further information, legal assistance should be sought from the local or solicitor dealing with these matters
SEE HERE If your landlord wants you to leave
- Less than 6 months - 90 days
- Not less than 6 months Less than a year - 152 days
- Not less than 1 year Less than 7 years - 180 days
- Not less than 7 years Less than 8 years - 196 days
- Not less than 8 years - 224 days
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