Accommodation Advisory Service Legal Guide

Accomodation Legal Guide

Whether you rent an apartment, are living in digs or are starting o in Trinity Hall, paying money for a place to live in will create a contract between you and your landlord. This is a brief guide to the types of legal issues that you can expect to come across over the next year.

Note: This information has not been written by a qualified solicitor. It is to be used as an introductory guide and not as a substitute for legal advice.

If you have legal issues you may need to contact a solicitor. Aisling will be able to advise you on whether this may be necessary.

If You’re in Halls If you’re in College accommodation - whether this be on campus, in Trinity Hall, in Griffith Halls or in the IFSC National College of Ireland you’ll generally be renting under a licence to occupy rather than a lease.

This essentially means that the College are merely giving you permission to be there, as opposed to you having a right to the property. The practical impact of this is that College set the rules, and if you don’t abide by them they’re well within their rights to kick you out. However, you’re more likely to end up with a fine. Our advice? Be apologetic and pay the fine (if you can) - generally you’re not going to be fined or kicked out if there’s not a very good reason for it Other practical implications of the licence arrangement are: College authorities do not need permission to come into your room/ apartment. This will most often happen in the case of inspections, which you’ll generally be given notice for.

You do not have any legal right to extend your stay (although the College will generally put an option in place for this) Many of your rights as a tenant will be outlined in the College’s own licence agreement, which you’ll generally sign. You can usually find these rules on the website of the accommodation you’re staying in. Trinity’s rules can be found on www.tcd.ie/accommodation.

If you do find that you’re having problems with living in halls, make sure to contact Aisling straight away. She will often be able to negotiate with the College authorities on your behalf.

If You’re Renting If you’re renting a house or an apartment, you will have a lease. This type of agreement is different to a licence because it actually gives you a right in the property.

Whilst you’re more likely to have difficulties if you’re in rented accommodation, as a leaseholder you also have much more rights. The following is a brief overview of things to be aware of. For more information visit www.threshold.ie or www.prtb.ie or contact the welfare officer at welfare@tcdsu.org.

Most of the protections available are in the Household and Residential Tenancies act 2004. There are several types of rental accommodation that are excluded from this act, including instances where the owner is also living in the house (Digs).

Our advice? Draw up a written agreement to ensure that both parties know where they stand and include rent and notice requirements and any rules to be abided by. Respect that you are in another’s family home, but make sure that your rights as an individual tenant are also respected.

If you need any help with this, contact the Welfare Officer or one of the Accommodation Advisers.

If you’re not sure whether you’re protected, contact the Welfare Officer

The Households and Tenancies act creates several rights and obligations for landlords and tenants. These are summarised below

• • • • • • • •

Your duties as a tenant

You have to pay your rent!

You must avoid causing damage beyond normal wear and tear You have to notify the landlord of anything that needs repairing You have to let the landlord in to make repairs and let the landlord make an appointment with you for a routine inspection of the property You have to let the landlord know who’s staying in the house - no secret roomies!

You can’t engage in or allow anti social behaviour You or your guests can’t act in a way that would invalidate the landlord’s insurance You can’t sublet the property without the landlord’s permission

Your rights as a tenant • You are entitled to ‘enjoy peaceful and exclusive occupation’ - this means that the landlord can’t just come onto the property whenever they feel like it. They must make arrangements with you beforehand.

• Your landlord has to carry out repairs (but if the damage is beyond normal wear and tear you’ll have to pay for them!)

• Your landlord must have the property insured (as long as it’s a reasonable price) • You are entitled to have some point of contact (either a landlord or their agent) • You’re entitled to a prompt return of your deposit unless there’s rent owing or damage beyond normal wear and tear. If you’re having trouble getting your deposit back, contact Threshold or the PRTB.