If you are renting a self-contained flat or apartment in your landlord’s home, your tenancy is covered by residential tenancies legislation and your landlord must register it with the Residential Tenancies Board. However, if you are renting a room that is part of your landlord's home, your tenancy is not covered by this legislation.
Your landlord may be entitled to Rent-a-room relief, whether you are renting a room or a self-contained unit. Rent-a-room relief does not apply if you are renting a property for short-term lets.
You may be entitled to claim the Housing Assistance Payment or Rent Supplement in the same way as other tenants. As part of the qualifying conditions for these supports you must be able to prove that the tenancy is genuine.
If you are renting a self-contained flat or apartment in your landlord’s home, your tenancy is covered by residential tenancies legislation.
Examples of a self-contained flat or apartment include a basement flat or converted garage, which is attached to your landlord’s home. This type of accommodation is covered by residential tenancies legislation.
You have certain rights and obligations under residential tenancies legislation and so does your landlord.
If the flat or apartment was originally part of the main house, your landlord must register the tenancy. However, your landlord can choose to opt out of security of tenure rules, which give you the right to stay in your rented accommodation for a set amount of time. You must get notice in writing, before the start of the tenancy, if the landlord wants to take this option.
If you are renting a room in your landlord's home, your situation is very different. You do not have a standard tenancy agreement. Instead, you have a licensee agreement with your landlord. This means that you are in the property by the landlord’s consent or invitation. As a result, you cannot avail of the type of protection that tenants are entitled to under the residential tenancies legislation.
The position 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 you do not have the same rights as someone whose tenancy comes under the landlord and tenant legislation, you should be aware of the following:
Before you arrange to rent a room in your landlord’s home you should agree some ground rules and put them in writing. If you and your landlord each sign and keep a copy of this agreement, you can both refer to its terms in the event of confusion or disagreement. These ground rules might include:
If you are a student and are renting in your landlord's house, there is a voluntary regulatory framework to help set ground rules between you and your landlord. These have been created by the Department of Further and Higher Education, Research, Innovation and Science along with a sample license agreement (pdf). It is recommended that you agree a written licence agreement with your landlord before you take up your accommodation offer.
Along with the ground rules listed above, the licence agreement also includes the following:
This licence agreement can be adjusted to suit the needs of the landlord and the student.
If you are renting a room in your landlord’s home and are unhappy with the way you are being treated, you should try discussing the situation with the landlord and attempt to resolve any issues between you. You may wish to contact Threshold, which provides information on housing rights – see 'Where to apply' below.
If you have exhausted 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 renting a room in your landlord’s home.
Common claims that are heard by the Small Claims Court include disputes about retention of your deposit for what you consider unfair reasons, or deductions from rent for damage to property that is over and above normal 'wear and tear'.
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