I’m subletting but I’m not sure if the private landlord knows I’m living in their property. The actual tenant, who also lives in the apartment and is on the lease, avoids the topic and is quite secretive. There are some serious maintenance issues, and the tenant is gatekeeping. I’m paying rent but it feels like I have no tenant rights. What can I do?
Your very question exposes what I would consider as a serious fault line in the changes made to legislation with the introduction of the 2004 Tenancies Act. Originally, in the event of a tenant leaving a property, they had to contact the landlord/agent and inform them, and they needed to seek permission to find a replacement. The replacement would need to provide references to the landlord so they would be aware of who was in the property and would accordingly register the replacement with the Residential Tenancies Board (RTB).
Unfortunately, in their wisdom, the legislators decided a tenant could move in and immediately gain rights as a tenant in the property even though the landlord/agent are then unaware of their presence. The reality of the situation is that you are entitled to be registered with the RTB and to have the maintenance issues dealt with either by the landlord or through mediation/adjudication with the RTB.
Notwithstanding the above, there are still issues to be teased out in your query. Do you know if the person described as the gatekeeper is a tenant or are the owner? Maybe it suits them to pretend that they are a tenant too? I do not see the logic of a tenant not asking the landlord to address outstanding maintenance issues.
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Have you seen the tenancy agreement? Have you contacted the RTB and asked them if this property is registered? I would recommend that you make further inquiries along these lines. I do not see the logic in the current stance being taken by your cohabitant in the property unless perhaps they are in a rent pressure zone with a low rent, and you are paying a disproportionate amount of rent. I have encountered this scenario previously.
Kersten Mehl is a chartered residential agency surveyor and member of the Society of Chartered Surveyors Ireland
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