Sharing accommodation with your landlord

Information

Tenants in Ireland who share accommodation with landlords are not covered by landlord and tenant legislation. Many tenants are not aware of this so this document aims to sets out the differences between this living arrangement and other types of rented accommodation.

As you are living in your landlord's home, you do not have a standard tenancy agreement. As such, you cannot avail of the type of protection that tenants are entitled to under the Residential Tenancies Act 2004. Instead, you have a 'Licensee Agreement' with your landlord. This means you are in the property by the landlords consent or invitation. The situation is the same if you are living with a spouse, child or parent of a landlord and you do not have a tenancy agreement or written lease. As your tenancy is not covered by the current tenancy legislation, you should be aware of the following:

• Your landlord is not obliged to provide you with a rent book or a statement of rent paid
• They do not have to ensure that your accommodation meets any minimum physical standards
• Any notice you may get of the termination of the tenancy is at the discretion of your landlord (although they are obliged to give reasonable notice, the specifics of this notice may vary)
• Your landlord is not obliged to register with the Private Residential Tenancies Board (PRTB)
• You cannot use the dispute resolution service of the Private Residential Tenancies Board (PRTB) if a disagreement arises between you and your landlord
• You are not protected by the Equal Status Acts 2000-2011 which prohibit discrimination on grounds of age, sex, religion, race and disability.

If you are sharing accommodation with your landlord and are unhappy with the way you are being treated, you should try discussing the situation with them and attempt to resolve any issues between you.

You can also contact Threshold for advice. Threshold is a charitable organisation that provides information on housing rights in Ireland. They also run a free advisory and mediation service which may be of help in resolving issues that arise between landlords and tenants.

If you have exhausted all these options, you may be able to take your case to the Small Claims Court. This is really the only legal recourse you have as a tenant sharing accommodation with your landlord. You should contact the Small Claims Registrar at your local District Court Office to discuss the details of your case and find out if your situation comes under the remit of the Small Claims Court.

Common claims that are heard by the Small Claims Court include:

• Disputes about the retention of a tenant's deposit for what they consider unfair reasons
• Disputes about the amount of notice you have received, in the case of termination of tenancy
• Disputes about deductions from rent for damage to property that is over and above normal 'wear and tear'.

Agreeing ground rules in advance

It is a good idea to agree some ground rules with your landlord before you make the decision to move in. These rules should be put in writing and signed by both you and your landlord. You can each keep a copy and this document can be referred to if a dispute arises. The following are some questions you should consider when preparing this document:

• How long is the tenancy going to last?
• How much notice will either you or your landlord have to give if either of you chooses to end the tenancy?
• How much rent will you be paying and how often (for example, weekly, monthly)?
• How will this rent be paid (cash, cheque, standing order etc.)?
• When will the rent to be reviewed and how much notice will your landlord give you of a rent review?
• How are utility bills (electricity, gas, phone) to be divided between the tenant and the landlord?
• Will your landlord expect you to contribute towards service charges, such as water and refuse?
• Are you allowed to have visitors to stay overnight?
• Are there any restrictions regarding noise levels?