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Digs are when you rent a room in a house where the landlord also lives. This can be cheaper however you have far far less rights.
No minimum physical standards.
The landlord can end your tenancy in digs at any time.
Your landlord is not obliged to provide you with a rent book or a statement of rent paid.
The Residential Tenancies Board cannot get involved if a dispute arises in digs.
When staying in digs you are not protected by the Equal Status Acts 2000-2015 which protects you from discrimination on grounds of gender, civil status, family status, age, religion, disability and sexual orientation.
Tenants in digs have the right to go to the Small Claims Court to address issues like retention of deposits.
Those in digs do maintain the right to compliance with the terms of the tenancy agreement.
A tenant is entitled to a key to the property when they rent an entire property.
A tenant cannot change the locks without the landlord's consent.
There is no legislation about tenants keeping a key to the room, or about having the right to a lockable room.
Tenants have the right to a peaceful and private occupation of the property. And a landlord should not call to the property unannounced or enter the property without your permission.
A landlord can not enter the room without the express consent of the tenant.
If renting on a room-by-room basis the landlord may access the common areas without consent and may show vacant rooms to prospective tenants.
A landlord should be given reasonable access to the property to carry out repairs, and carry out routine inspections at a mutually agreed time.
A landlord may have CCTV to monitor the exterior of the property, any cameras must not have any view of the inside of the house.
Any CCTV within the property will require the consent of the tenants.
A landlord must:
Make sure the property is in good condition.
Maintain the property to the standard it was in at the start of the tenancy.
Reimburse the tenants for any repairs they carried out on the structure that they requested with the landlord that the landlord did not carry out within a reasonable time provided that communication was sent about an essential repair.
Insure the property
What can I do if my landlord had done a sub-standard repair or DIY repair?
If you are dissatisfied with the repair you should communicate this to the landlord and request that it be rectified, if you are still not satisfied you can lodge a dispute with the RTB.
A landlord is required to refund the tenant if:
Repairs are carried out without consent.
Communication was sent about an essential repair which was not carried out by the landlord in a reasonable time.
It is illegal for a deposit to be more than one month's rent.
Deposit is when you agree to rent a property. The landlord holds this deposit as security to cover any rent arrears, bills owing or damage beyond normal wear and tear at the end of the tenancy.
If you leave before the end of the agreed period the landlord may keep your deposit, even if you have given notice.
This deposit is held by the landlord and is returned at the end of the tenancy to the tenant, once no rent arrears, bills, taxes or charges are due or damage beyond normal wear and tear has occurred.
The security deposit is considered the lawful property of the tenant until the landlord establishes a right to it.
Contact details of the landlord and agent retaining the deposit should also be obtained at the outset of the tenancy. The contact details of a landlord should be provided irrespective of who retains the deposit.
A security deposit should be returned once the tenancy ends and the tenancy agreement has been honoured.
Pick up a free rent book in the UCCSU offices.
Your Landlord is legally required to provide you with and fill out the details of the rent book and your landlord must give you a rent book or a written receipt of the rent/bills you have paid.
It is against the law for your landlord to refuse to provide you with a rent book or a receipt.
You should inform yourself as to whether or not your property is in a Rent Pressure Zone by using the RTB Rent Pressure Zone Calculator.
A tenant must be informed of any review to the rent with at least 90 days’ notice in writing of a change in rent (an email or text is not considered appropriate notice of a rent review). Threshold can also advise you on this and help you contact your local authority. The Residential Tenancies Board (RTB) also offers a dispute resolution service for landlords and tenants. Landlords must be registered with the RTB to use the service but tenants can use it even if their landlord has not registered the tenancy. If you are renting a room in your landlord's home, Your landlord is not obliged to provide you with a rent book or a statement of rent paid.
If you leave before the end of the agreed period the landlord may keep your deposit, even if you have given notice. You may also be liable for the amount of rent due until the end of the tenancy, depending on what is stated in the agreement. If you are renting a room in your landlord's home, 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. As a result, you cannot avail of the type of protection that tenants are entitled to under the residential tenancies legislation.
If you are renting a room in your landlord’s home and are unhappy with the way you are being treated, you should try discussing the situation with the landlord and attempt to resolve any issues between you. You may be able to take your case to the Small Claims Court if the issue is still not resolved. This is really the only legal recourse you have as a tenant renting a room in your landlord’s home.
A tenant cannot withhold rent by reason of breach of landlord's covenants. He cannot deduct monies expended in undertaking the landlord's obligations against the rent. There is a limited exception, subject strictly to the conditions set out below.
The 1980 Act provides that where a landlord refuses or fails to execute repairs to a tenement (building) which he is bound to undertake, and the tenant executes repairs to its own expense, the tenant may set off expenditure against subsequent rent too until it is recouped. The landlord must be bound by covenant to perform the repairs. If the tenant makes an allowance for the expenditure incurred, the landlord must give a receipt for the rent as obtained.
If at the end of the tenancy, there is rent outstanding, the landlord may retain part or all of the deposit to cover the rent arrears.
Deductions may be made or the deposit retained in full, if there has been damage above normal wear and tear to the property. Examples of these damages could be:
A broken window.
Holes in the wall.
Leaving litter or personal items in the property.
Leaving the property in an unhygienic or unsafe condition.
Not returning the property in a clean manner.
Items are broken or missing from the inventory.
Outstanding utlity bills and other charges.
If the tenant owes money for utility bills, such as gas or electricity, and the utility bill is in the landlord’s name, the landlord may withhold part or all of the deposit to cover these costs. The tenant should always retain a copy of the bills to ensure that payment is applicable to what is being owed.
The following checklist may be useful when returning or seeking the return of a security deposit:
Has the correct notice of termination been provided in writing?
Has the rent been paid in full?
Have meter readings of the utilities been taken and arranged for final payment?
Have all belongings been removed?
Has the property been returned in a similar condition in which it was provided apart from normal wear and tear?
Has the property been cleaned?
Has the signed-off inventory been checked to ensure that all items are present and not damaged?
Has all the rubbish been removed?
Have you taken photographs at the start and end of the tenancy?
You can be fined for a breach of the terms of your tenancy agreement. You can be fined for damage you or your guests cause to the house structure or its appliances.
Fines for public disorder matters (noise to neighbours etc) are matters for the Gardai.
If you have queries on the validity of a fine you can contact UCC FLAC who will do their best to facilitate you with some legal advice.
If you're a tenant and you're getting evicted, your rights are set out in the Residential Tenancies Act 2004,
First, your landlord should give you a written notice of termination of tenancy. Email, text message, WhatsApp, or verbal notice are not considered a valid notice.
The notice period depends on the length of the tenancy:
Less than 6 months - 90 days
Over 6 months but less than 1 year - 152 days
Over 1 year but less than 7 years – 180 days
Over 7 years but less than 8 years – 196 days
Over 8 years – 224 days
Check why the landlord is asking you to end the tenancy. on the length of the tenancy:
Check why the landlord is asking you to end the tenancy. After six months, your landlord can only end the tenancy on specific grounds which are set out in the Residential Tenancies Act: Change of use, Substantial refurbishment or renovation, Property needed for landlord/family member, Dwelling is no longer suited to the needs of your household, Selling, Rent arrears, or Breach of obligations. If the eviction is not valid, tenants can contact the Residential Tenancies Board who will carry out an investigation, and advocate on their behalf.
Your landlord cannot cut off water, gas or electricity, physically evict you or remove your property from the flat.
If the eviction is illegal, you can try to resolve the issue with your landlord. Threshold can advise you on what to do in cases of illegal eviction, and the RTB (Residential Tenancies Board) can resolve disputes through the Dispute Resolution Services.
Annual tenancy registration came into effect on the 4th April 2022. This means that landlords must register their tenancy with the RTB every year, within one month of the anniversary of when that tenancy began.
If a landlord refuses to register a tenancy you should contact the RTB.
Landlords often violate housing laws, leading to drawn-out disputes that typically result in mere compensation or fines. UCCSU works closely with the Community Action Tenants Union which is a union for communities and tenants. CATU adopts a proactive, direct-action approach to tackle housing issues, which means taking the issues that affect us directly to the people responsible.
CATU's mission extends beyond immediate resolutions; it aims to cultivate a broad-based movement of tenants and working-class communities. This collective effort is crucial for addressing the deep-rooted structural problems driving the housing crisis. Young people and students bear the brunt of this crisis. An overwhelming 70% of young adults reside with their parents due to unaffordable housing, while others who move out often endure poor living conditions, marked by mould, vermin, and dampness.
We urge all students to join CATU. Your involvement is key to organising for improved and accessible housing for everyone. Discover more and become part of the union at catuireland.org.
