Sharing accommodation with your landlord

Information

If you are sharing accommodation with your landlord, you are not covered by landlord and tenant legislation. However, you can claim tax relief on the rent you pay, in the same way as other private tenants. (You will not qualify for rent relief if you are the landlord's son or daughter, however.)

You may be entitled to Rent Supplement if you fulfil the conditions.

This document aims to describe the differences between sharing accommodation with your landlord and other types of rental arrangement.

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 landlord's consent or invitation. The situation is the same if you are living with the 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 2000-2008 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 contact your local Citizens Information Centre for face-to face information and advice, phone the Citizens Information Phone Service on Lo-call 1890 777 121, Monday to Friday, 9am to 9pm, or log on to the Citizens Information website.

You can also contact Threshold for specialist housing advice. Threshold provides information to the public on housing rights, free of charge. It also runs a free advisory and mediation service which may help in resolving issues that arise between landlords and tenants.

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 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'.

Rules

The Small Claims procedure is provided through your local District Court. View more information about how to make an application to the Small Claims Court.

Rates

The current fee for making a claim in the Small Claims Court is €15. Threshold's advice and mediation services are free of charge.

How to apply

Application forms for the Small Claims Court are available online and from your local District Court office. If you need help filling out the form, you can contact your District Court office and a member of staff will assist you.

For more information on Threshold's advice and mediation service, you can contact Threshold directly.

Where to apply