Renting A Home
Your legal rights as a tenant are based on landlord/tenant law. These entitlements will be slightly different if you are in private rented housing, or renting rooms in your landlord's home, or renting local authority accommodation.
In each of these situations, you are entitled to accommodation that meets a minimum physical standard.
You will also have various obligations to your landlord under your tenancy agreement, and it may be difficult to assert your rights if you fail in these obligations.
These obligations include paying your rent on time, informing your landlord about any extra person moving in.
Private rented housing
As a tenant in private rented accommodation you are entitled to:- Quiet and exclusive enjoyment of your home. Your landlord cannot arrive unannounced or enter without your permission to do an inspection or repairs (unless it's in an emergency)
- A rent book
- Have friends to stay for short periods, unless the tenancy agreement expressly forbids this
- Notice to quit. How easily you can be evicted depends on the type of tenancy you have, and how long you have been living there
The "Rent a Room" scheme
If you rent rooms in your landlord's own home, this comes under the "Rent a room" scheme, and your entitlements are more limited. You may be only legally entitled to "reasonable notice" to quit, so it is worth drawing up a written agreement, even if the landlord is a friend or relation.
To give yourself some protection, the agreement should spell out the period of the tenancy and the minimum notice if either of you wants to terminate the agreement.
If you expect to be renting for some time, the agreement should also say when rent reviews take place.
Local authority tenants
Legally, a local authority can evict its tenants without any reason, as long as it follows the correct procedure. This means first issuing a "notice to quit" and then applying to court for an order.
In practice, though, local authorities do not evict their tenants without reason and if you pay your rent and comply with the conditions of the tenancy you will normally be able to stay in your home for as long as you want.
The most common difficulty local authority tenants get into is rent arrears. If for whatever reason you find you are falling behind with the rent, talk to your local authority and explain your situation.
It is in everyone's interest to sort the problem out, without having to evict you, and you may come to some arrangement pay a little bit off the rent arrears each week.
Evictions
If you are in a private residential tenancy (but not the "Rent a Room" scheme) and your landlord wants you to leave, they must give you notice in writing.
They must state the reason for termination, but can ask you to leave without giving a reason during the first six months of your tenancy.
They can terminate tenancies that have lasted between six months and four years in certain circumstances such as if:
- You fail to comply with the tenancy agreement
- The property is no longer suited to your needs as tenants (such as overcrowded)
- The landlord needs the property for him/herself or for an immediate family member
- They intend to sell or refurbish it
- They plan to turn the property into offices
The minimum notice depends on the length of the tenancy. It is 28 says for a tenancy of less than six months, 35 days for six months to a year, and 42 days for one to two years.
They can give less notice if you fail to keep your obligations (28 days) or if there is serious anti-social behaviour (seven days).
What to do if evicted
If your landlord locks you out or physically evicts you, you may be able to apply for an injunction to make them let you back in, or apply to the Private Residential Tenancies Board to do so on your behalf.
Similarly if your landlord cuts off water, gas or electricity, you may be able to take legal action to restore the supply. This is a big step so get legal advice before proceeding.
Landlords cannot remove your possessions without a court order. If they take you to court, you should get advice about your situation from Threshold, or a Citizens Information Centre, or a solicitor.
If the landlord evicts you for a specific reason, then doesn't carry out the intention (such as saying they want to live there themselves but then they don't), you can report them to the Private Residential Tenancies Board.
Learn more
If you have problems with a private landlord, you can take your complaint to the Private Residential Tenancies Board, an organisation set up by the government to register tenancies and mediate disputes between landlords and tenants. Note: this doesn't cover the ""Rent a Room" scheme.
Download and complete Form Rent 1 from the Revenue Commissioners (PDF, 109KB) to claim tax relief on rent paid for private accommodation. Forward the completed claim form to your nearest tax office.
Read Threshold's "Ten Tips On Getting Back Your Rent Deposit"
Find your nearest Citizens Information Centre
Find your nearest Money Advice and Budgeting Service (MABS)office. MABS is a free, confidential service for people with debt and money management problems.