Tenent no on lease - rights

ballyharpat

Hey, My girlfriend was renting a house, it is a 4 bedroomed house, she had three rooms rented out. she was there for 3 years, she always had the other rooms rented out but got sick of finding people and collecting the rent, so she's moving out. 2 of the 3 tenents moved out and there is one that has been there for 2 years, he has been given 6 weeks notice, but refuses to move out.

Even though he never got a lease, can he do this?

She has to be out by Friday, and the landlord has viewings arranged for Friday.

Thanks in advance for any help.

odds_on

Several things come to mind, but without further details, I can only suggest.

Depending on how the house was originally leased out - as a single unit and whose names were on the lease.

It is possible that she was in breach of tenant's obligations by renting out rooms without the landlord's written consent.

The remaining "tenant" may not be a tenant but a lodger and your girlfriend's landlady.

Is this the end of a fixed term lease for your girlfriend? End of lease for the house?

ballyharpat

SHe was the only name on the lease, She did have the permission of the landlord to rent out as many or as few rooms as she wanted.? The Landlord is fine with her moving, she have given enough notice in that regard. The landlord already has new tenents lined up for viewings.

odds_on

In this case, provided she also lived in the house, the "tenant" and any others she rented a room to, were lodgers or licensees and not tenants. They were/are allowed to stay in the property as long as the landlady agrees. She can withdraw that permission any time she likes and the lodger must leave. If payment was paid monthly, it is usually considered a months notice is sufficient.

She is entitled to lock a lodger out, once he is outside.

I hope you find this information useful.

ballyharpat

Thanks very much, that was what I thought alright, but I just wanted to be sure, much appreciated.

odds_on

You're welcome. Hope you get it sorted in time.

miller50841

Tell them there car was broken into have locks changed let them go out to see close door job done

wench

Here is the prtb info on licencees.
He could have requested to become a tenant at any point in the last two years, but as he didn't his rights end when the main tenant moves out.

http://public.prtb.ie/DownloadDocs/Licensees.pdf