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HOUSING AND PEOPLE WITH DISABILITYDisability Legal Advise Training Session
September 2011
STUDENT ACCOMMODATION TYPES
1. Renting from private landlord – registered or unregistered
2. Renting in campus accommodation -3. Living at home – no legislation 4. Digs 5. Local authority housing 6. Housing association tenant
TYPES OF PRIVATE TENANCIESPeriodic tenancy✓no fixed amount of time - an be weekly/monthly
depending on when rent is paid✓Should have a written tenancy agreement✓Should have a rent book✓Can become Part 4 tenancy after 6 months✓Termination of tenancy same as detailed below
Part 4 tenancies✓Automatically acquired after 6 months renting – increased security of tenure re termination✓Can last for 4 years and then be renewed✓Fixed term tenants can claim part 4 tenancy by notifying landlord in writing 1 – 3 months before end of fixed term✓Part 4 tenancy apply automatically to periodic tenants
FIXED TERM LEASE/TENANCYFixed-term tenancies
✓lasts for specific time, tenants cannot be asked to leave during this time provided they are abiding by the lease terms ✓usually with written lease agreement. ✓must respect legal rights of tenants and landlords eg entering without permission✓Joint lease agreements mean all leasees are responsible for rent✓Tenant can only end agreement if landlord is in breach of terms where they have notified landlord of the breaches to no avail✓If tenant wants to assign lease to someone else or sublet must inform landlord in writing. If refused can serve notice of termination ✓Tenants should have the original lease and landlord keeps a copy✓Rent arrears must be notified to the tenant by the landlord✓If arrears not cleared landlord can issue a termination notice giving 28 days notice
RESIDENTIAL TENANCIES ACT 2004 – LANDLORDS OBLIGATIONS
Register tenancy with PRTB Allow the tenant to enjoy peaceful and exclusive
occupation Respect tenants privacy Comply with standards re damp, heat, wiring etc Carry out repairs, subject to tenant liability for
damage beyond normal wear and tear Insure the dwelling – not tenants property Provide a point of contact, Promptly refund deposits unless rent is owing or there
is damage beyond normal wear and tear Reimburse tenants for expenditure on repairs that
were appropriate Enforce tenant obligations Not penalise tenants for making complaints or taking
action to enforce their rights
RESIDENTIAL TENANCIES ACT 2004 – TENANT OBLIGATIONSA tenant is a person who pays a landlord for the
use of their accommodation pay the rent and any other specified charges avoid causing or make good any damage beyond
normal wear and tear notify the landlord of any repair needed allow access by appointment for repairs to be carried
out and routine inspections keep the landlord informed of the identity of the
occupants not engage in or allow anti-social behaviour not act, or allow visitors to act in a way that would
invalidate the landlord’s insurance not cause the landlord to be in breach of statutory
obligations, not alter, improve, assign, sub-let or change the use of
the dwelling without written consent from the landlord.
RESIDENTIAL TENANCIES ACT 2004 - RENTS
All tenants should have a Rent Book or written contract or lease
Rents should be set at market rate Rents can be reviewed once a year, unless
substantial work has been done on improvements
Tenants must get 28 days notice of new rents
Tenants can ask landlord for a rent review if it is more than a year since last rent review
Disputes about rent can be referred to PRTB
RENT BOOKS Address of the rented dwelling Name and address of the landlord and his agent (if any) Name of the tenant Term of the tenancy Amount of rent, when and how it is to be paid, Details of other payments (e.g. telephone, TV) Amount and purpose of any deposit paid and the
conditions under which it will be returned to the tenant Statement of information on basic rights and duties of
landlords and tenants Inventory of furnishings and appliances Other information about the tenancyAll payments to landlord must be recorded in rent
book or other written statement
TERMINATION OF TENANCIES Tenancy can be terminated without reason within
first 6 months in writing and signed Part 4 tenancies i.e. after 6 months must have
specific grounds eg. non-compliance with terms of the agreement, intention to sell, required for own use, non compliance with terms
Period of notice required:Less than 6 months 28 days 6 or more months but less than 1 year 35 days 1 year or more but less than 2 years 42 days 2 years or more but less than 3 years 56 days 3 years or more but less than 4 years 84 days 4 or more years 112 days
PRIVATE RESIDENTIAL TENANCIES BOARD
Established in 2004 to resolve landlord/tenant disputes
Disputes about rents, deposits, termination of tenancies etc can be referred to PRTB
Landlords must register tenancies with the PRTB Registration lasts for the length of the tenancy up
to a maximum of 4 years Can check if a tenancy is registered with PRTB All private tenant can refer complaints, only
registered landlords can refer complaints Provide mediation and adjudication Appeals from either can be heard by a Tenancy
Tribunal
APPLYING FOR SOCIAL HOUSING Local authorities provide housing to those in need of
housing and unable to afford it themselves Apply directly to the local authority – for direct
provision and housing association Can only apply to 1 local authority at a time Must be resident in LA area or have a connection
there i.e. Have lived there for 5 years, employed, in full-time education or receiving disability service in the area
Local authority will carry our a housing needs assessment
Allocate according to the approved ‘Scheme of Letting Priorities’ which includes the awarding of points on grounds of disability/medical need
LA and Housing tenants have a tenancy agreements
DIGS OR SHARING WITH LANDLORD Applies to people in digs or sharing with landlord
or members of landlords family Not covered by legislation Should agree ground rules in advance ‘Licencee agreement’ i.e. person in
accommodation consent/invitation No obligation to provide rent book or rent
statement Do not have to ensure accommodation meets
minimum standards Notice period is at discretion of landlord Not obliged to register with PRTB Tenant cannot use PRTB dispute resolution
procedures Not protected by Equal Status Acts Can take case to Small Claims Court
HOUSING SUPPORTS Local authority supports:
Adaptation grantsMobility aids grantsRental Accommodation Scheme – applicable after 18 months for people on rent supplement
Apply directly to the local authority
Department of Social Protection/HSE:Rent supplement – means-tested by community welfare officerMobility Allowance
EQUALITY LEGISLATION Equal Status Act prohibits discrimination on 9
grounds including disability Applies to provision of goods and services
including accommodation Direct discrimination, indirect discrimination and
discrimination by association Discrimination includes denial of reasonable
accommodation – unless costs are greater than a nominal cost
Reasonable accommodation means doing all that is reasonable to accommodate the needs of a disabled person by providing special treatment or facilities, if without such this it would be impossible or very difficult for the person to avail of the service.
EQUALITY TRIBUNAL
In the first instance person should try to sort out the problem directly with the landlord
If there appears to be an unresolved case of discrimination can complain to Equality Tribunal
Must write to respondent (against whom complaint is being made) within 2 months of incident stating that you will make complaint if unhappy with their response
Must refer complaint to Equality Tribunal within 6 months of incident
Tribunal will offer mediation or conduct an investigation
Formal hearing of complaints and decision is binding
USEFUL CONTACTS
Citizens Information Service www.citizensinformation.ie
Threshold www.threshold.ie
PRTB www.prtb.ie
Equality Tribunal www.equalitytribunal.ie
Galway Centre for Independent Living www.gcil.ie
Disability Support Service NUIG www.nuigalway.ie/disability