Tenants who have to work from home are refused by some landlords who advertise rental properties.
with the stock of available rental homes at an almighty low, concerns have been expressed about the increased restrictions placed on tenants by landlords occupying the homes they rent.
Landlords argue that some properties are not suitable for homework due to a lack of space, while charities believe the Covid-19 pandemic has led tenants to experience more restrictions in the homes they rent.
Legal experts also warned landlords are concerned about insurance issues in the case of someone injured while working from home, with employment law attorney Richard Grogan saying, “No one wants to open that Pandora’s Box.”
A number of advertisements currently on the rental website Daft.ie state that tenants cannot work from home and will not have access to common areas in the properties.
Other posts say tenants can not have guests or visitors.
“The house was occupied by the owner, as the owner works from home, the lounge is not a shared area at any time,” says one advertisement.
“Midi-size box room for rent with wardrobe and sideboard. “Do not work from home, because it will not suit the atmosphere,” says another.
“This house will suit someone who is friendly and neat who likes to socialize, but lives an independent lifestyle, and, ideally, someone who does not work from home,” says another.
Another ad said the owner is looking for someone over 30, who does not work from home and has no pets.
the Irish independent contacted more than 30 landlords who did not mention distance work in the property description – the majority occupy the houses they rent – and 10 said working from home would not be suitable due to reasons such as lack of space and the owner who is at home. during the day.
Some did not respond and 12 said prospective tenants could work remotely.
One also answered with a list of questions, including: “What is your income?”, “How is your lifestyle?”, “Do you smoke or do you have a pet?” and “What do you eat for dinner?”
Gavin Elliott, legal officer at Threshold, said there is a lot of ambiguity when it comes to tenants who have the right to work from home.
He also warned that tenants living with their landlords are not protected by the Residential Lease Act and do not enjoy the same rights as other tenants.
“This is something we have always seen in the student accommodation market, where tenants are limited because they could only rent Monday to Friday,” he said.
“But certainly during and after Covid, restrictions on what people can and cannot do in the property, and what part of the property they can use, have become a bit more common.
“If you are a licensee [renting a house where you live with the landlord] you have very few rights and no access to the Residential Tenancy Board, and that scenario can be a bit of a shock to people. There are some people who know what they are dealing with, and they move in knowing that they have limited or no rights as there are so few places to rent. People accept situations that they would not normally find ideal. ”
Employment Law attorney Mr Grogan said private landlords face the same problems as employers when it comes to teleworking.
“The first issue that naturally comes up is restrictive connections, especially for flats. Apartments usually have a clause that they will not be used for business purposes. Now, if you have someone working from home, there is an argument it’s a change of use and is a breach of the covenant.
“The second one is insurance. Whether it is an apartment or private house, the insurance is on the basis that it is primarily a residential premises and not a workplace. If people consistently work from home, they need a printer, but maybe also a shredder for confidential documents, so if some five-year-old sticks his finger in a shredder, who is responsible? ”
The Irish Property Owners Association, an organization representing private landlords, has also highlighted some concerns about remote work, including health and safety issues and disputes that arise between tenants in shared accommodation.
“Working from home can disturb other people in the home who have the right to live a normal life and make normal noise,” said Margaret McCormack, information officer at the IPOA.
“Tenants at home will often want to listen to music or perform an activity that leads to noise that causes problems in shared property.
“Nut bills in a house share are normally divided equally, but if some of the residents work from home, it will distort the amount each person has to pay, with additional heating and electricity used causing friction and discord.”