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