Sharing accommodation with your landlord

If you are sharing accommodation with your landlord, your rights are different depending on if you are renting:

• A self-contained flat or apartment in your landlord's home
• A room in your landlord's home

You have less rights if you are renting a room in your landlord's home. This is because these arrangements are not tenancies, so you are not covered by residential tenancies legislation.

Find out more about this in our Sharing rented accommodation page.

Can I get HAP or Rent Supplement?

If you qualify for the Housing Assistance Payment (HAP) or Rent Supplement, you can claim them for accommodation you share with your landlord.

As part of the qualifying conditions for these supports, you must be able to prove that the tenancy is genuine.

Your landlord must follow certain rules if they are renting to you and you are getting HAP. For example, the property will be inspected to make sure it meets minimum standards.

Can my landlord claim rent-a-room relief?

Your landlord may be able to claim rent-a-room relief if you are:

• Renting a room in their home
• Renting a self-contained unit n their home

Your landlord cannot claim rent-a-room relief if the:

• Self-contained unit is not attached to the property
• Property is rented for short-term lets

If you are renting a self-contained flat or apartment in your landlord’s home, your tenancy is covered by residential tenancies legislation. This means you and your landlord have certain rights and responsibilities.

Examples of a self-contained flat or apartment include:

• A basement flat
• A converted garage, which is attached to your landlord’s home

Flats that were originally part of the main house

If the flat or apartment was originally part of the main house, your landlord must register the tenancy. However, your landlord can choose to opt out of security of tenure rules, which give you the right to stay in your rented accommodation for a set amount of time. You must get notice in writing, before the start of the tenancy, if the landlord wants to take this option.

Read more about your rights and obligations and your landlord's.

If you are renting a room in your landlord's home, your situation is different. You do not have a standard tenancy agreement. Instead, you have a licensee agreement with your landlord. This means that you are in the property by the landlord’s consent or invitation.

Residential tenancies legislation does not apply to these arrangements. So, you do not have the same protections that tenants have under residential tenancies legislation.

For example:

• Your landlord is not obliged to provide you with a rent book or a statement of the rent you paid.
• Your accommodation does not have to meet minimum physical standards (unless you are a HAP tenant).
• Your landlord can end the arrangement at any time. But, they must give you reasonable notice.
• Your landlord does not have to register the tenancy with the Residential Tenancies Board (RTB).
• You cannot use the RTB's dispute resolution service if you have a disagreement with your landlord.
• You are not protected by the Equal Status Acts 2000-2015, which bans discrimination on grounds of gender, civil status, family status, age, race, religion, disability, sexual orientation and membership of the Traveller community – and also on the ‘housing assistance’ ground.

Note: Residential tenancies legislation also does not apply, if you are living with a spouse, child or parent of a landlord and you do not have a tenancy agreement or written lease.

Making an agreement with your landlord

You should draw up a licence agreement with your landlord that covers the key issues of your arrangement. This can include:

• How long the arrangement will last
• How much notice you need to give if either of you wants to end the arrangement
• How much the rent is and how often it is paid, like weekly or monthly
• How the rent is paid such as in cash or by bank transfer
• When the rent will be reviewed and how much notice your landlord will give you of a rent review
• Who pays for the bills
• Can visitors stay overnight?

If you and your landlord each sign and keep a copy of this agreement, you can both refer to it if there is confusion or disagreement.

What if I am a student renting a room in my landlord’s home?

If you are a student renting in your landlord's house, there is a voluntary regulatory framework to help set ground rules between you and your landlord.

There is also a sample license agreement (pdf) you can use, that sets out some of these rules, such as how much the deposit is.

Our page Sharing accommodation with your landlord has more information about this.

Threshold has information to help you work out if you are a tenant or a licensee.

Resolving disputes

If you are renting a room in your landlord’s home and are unhappy with the way you are being treated, you should first discuss the situation with the landlord.

Try to explain the issue clearly and work together to find a solution. For help, you may want to contact Threshold for information on housing rights. See 'Useful contacts' below.

If this doesn't work, you may be able to take your case to the Small Claims Court. This is usually the only legal action you can take as a tenant renting a room in your landlord’s home.

The Small Claims Court hears claims about landlords

• Keeping your deposit for what you consider unfair reasons
• Charging you for damage to property that is more than normal 'wear and tear'.

Read about how to make an application to the Small Claims Court.