Do long-term tenants have right to house?
Q My sister, whose principal residence is in Spain, owns a house in Dublin which has been rented since 1994. The same tenants have rented the house since 1997 under a yearly lease. Social welfare pays the majority of the rent. The tenants (husband, wife and two children) are excellent and she has no wish for them to leave. Is there any adverse consequence for my sister to the tenants staying on? Do the tenants or their children have any rights to the property? Can the lease be terminated, if so, how much notice needs to be given to vacate the property? Should she register the property with the PRTB?
AWe sought the help of Threshold to answer your many-faceted question and Kevin Baneham, the legal officer, told us that your sister is under a legal obligation to register the tenancy with the Private Residential Tenancies Board and at this stage she may be subject to a minor late fee. As the tenants have a yearly fixed-term written lease, the tenancy can only be terminated by the landlord if the tenants are in breach of one of their obligations, e.g., not paying rent.
As the tenants have less than 20 years tenure in the house, they will not be able to avail of the long occupation equity lease under the Landlord and Tenant (Amendment) Act 1980. Tenants who have not reached the 20 years tenure by the end of this year will no longer be able to apply for this lease.
Baneham also says that both your sister and the tenant may be interested in knowing that they may be able to avail of the Rental Accommodation Scheme, run in conjunction with the local authority. Your sister and the tenants would maintain their relationship and all their rights, but moving from Rent Supplement to the Rental Accommodation Scheme will enable the tenants to take up full-time employment and not be penalised.
Is it cheeky to look for rent reduction?
Q For the past three years I have been renting a two-bed apartment in south Dublin and I intend to remain here for the coming year. Would it be cheeky of me to seek a reduction in my monthly rent given the current economic situation? I’d appreciate your advice.
AYou don't say where you are in your lease. If you are coming to the end of, say, a year-long lease and are due to sign up for another year then, yes, as rents are falling and landlords know the value of a good tenant, you should definitely seek a reduction in the rent. The worst that can happen is that the landlord can say no, although given the strong supply of apartments in south Dublin, he's likely to say yes. Even if you are mid-lease and your economic circumstances have changed then it could also be worth discussing it with your landlord. We recently heard of a landlord who reduced the rent significantly when the tenant advised her that one of the couple had been made redundant and they would have to give up the house. Rather than risk an expensive void period, the landlord went for the more pragmatic option.
Your questions
Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie. This column is a readers’ service and is not intended to replace professional advice.
