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Flatmate Moves Wife In.

  • 20-11-2013 7:06pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I know there are often similar topics but I just haven't found the answer as there is a slight twist....we are not just looking for advice on passive aggresive tactics to drive someone out! so sorry to post again, and I will try keep it short.

    So, sharing a place with 2 others. A month or so ago one of the flatmates, lets say FlatmateA went back to his home country and was married. After their honeymoon he returned with wife in tow.

    He had not mentioned anything to us prior to leaving for the wedding, and both me and the flatmate B were a bit puzzled wondering if we should start looking for a new flatmate as surely they would be moving out, however he had not mentioned anything.

    A month had gone by and we gave them the benefit of the doubt, that they would be moving out, he had mentioned about Daft. However, our patience is up now and we asked him was he moving out and his response was simply "No, it's too expensive"

    So we are having the dispute over equal share, he had previously assumed he wouldn't have to contribute anything more, however we have told him that all utilities will now be split 4 ways as there are 4 people using them, and the rent will have to be renegotiated as the apartment just isn't big enough for 4 people. All of which he is reluctant and stubborn about.

    So, my question is that if she is not on the lease, what are her rights? Can we threaten to have her evicted (and as such, him be forced to leave too) if an agreement cannot be reached? Would she not technically be squatting or does the fact that her marriage to Flatmate A prevent that?

    I know that anybody living in the apartment needs to be notified to the landlord, but I'm not sure what the rights of myself or Flatmate B are. There isn't much documentation online.

    Thanks in advance for any responses!


Comments

  • Administrators, Society & Culture Moderators Posts: 14,907 Admin ✭✭✭✭✭Big Bag of Chips


    Have you contacted the landlord? I'd think it's his job to draw up a new lease, including her in it - and that would be the chance to renegotiate the rent each of you pay and the utility bills. If they are sharing a room, they might pay a little less rent each than you and the other flatmate - but should still both be contributing.


  • Moderators, Society & Culture Moderators Posts: 30,661 Mod ✭✭✭✭Faith


    You should post in the Accommodation and Property forum for advice, but my feeling is that, as she's not on the lease, those of you who are on the lease are effectively her landlords and she's a licensee with no rights whatsoever.

    Your landlord may not be happy with an extra person living there either - extra wear and tear is one issue. You can't just sublet rooms without permission, afaik.

    Long story short, speak to your landlord and post in the Accommodation & Property forum for specific advice about your tenancy.


  • Registered Users, Registered Users 2 Posts: 8,427 ✭✭✭Morag


    You need to talk to your landlord and threshold for advice. Far as I know leases can include spouses.


  • Registered Users, Registered Users 2 Posts: 499 ✭✭padz


    This is v concerning in a few ways, your housemate goes to his native country and brings his wife back, my initial reaction to this was the immigration laws sourrounding this, i was under the impression anyone migrating into ireland had to show where they were staying/sufficent funds etc so his excuse about it being too expensive is bs, its surely a condition that to enter and reside in ireland you need to have some savings

    is this a fully legal migration into ireland?, if so you would have had to be asked to sign some form of documentation saying you reside with said husband etc...and nevermind the required funds they would/should need as a couple...i know when my bro migrated with his american wife to the states they needed everything, even blood tests from my bro/fingerprints/full guarda vetting... now i know were not the usa but this seams sketchy, there are correct channels to go thru to bring a wife into ireland nevermind that hes not even an irish native

    think of it, he would have had to be applying for months to arrange this with the state, pps guarda documentation etc, and you would certainly be aware of it, not just him goin on a trip and bringing her back,
    if it seams sketchy to you and as an irish citizen myself id be v tempted to call immigration

    it also seams that you are unwittingly facilitating this senario


  • Registered Users, Registered Users 2 Posts: 1,909 ✭✭✭Agent J


    Morag wrote: »
    You need to talk to your landlord and threshold for advice. Far as I know leases can include spouses.

    Not unless she has been spefically named on the rental lease.

    OP, I'm assuming she is not on the lease.

    She has no rights in this circumstance & as you have tried to resolve it to no avail with the relevant housemate I'd talk to the landlord immediately. You & flatmate B should not have to put with with this.

    Don't leave it any longer.


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  • Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭IrishEyes19


    padz wrote: »
    This is v concerning in a few ways, your housemate goes to his native country and brings his wife back, my initial reaction to this was the immigration laws sourrounding this, i was under the impression anyone migrating into ireland had to show where they were staying/sufficent funds etc so his excuse about it being too expensive is bs, its surely a condition that to enter and reside in ireland you need to have some savings

    is this a fully legal migration into ireland?, if so you would have had to be asked to sign some form of documentation saying you reside with said husband etc...and nevermind the required funds they would/should need as a couple...i know when my bro migrated with his american wife to the states they needed everything, even blood tests from my bro/fingerprints/full guarda vetting... now i know were not the usa but this seams sketchy, there are correct channels to go thru to bring a wife into ireland nevermind that hes not even an irish native

    think of it, he would have had to be applying for months to arrange this with the state, pps guarda documentation etc, and you would certainly be aware of it, not just him goin on a trip and bringing her back,
    if it seams sketchy to you and as an irish citizen myself id be v tempted to call immigration

    it also seams that you are unwittingly facilitating this senario

    In all fairness, you dont know anything about the situation. Call immigration, I wouldnt be going all Witch-hunt on this just yet. Contact the landlord, immigration at this point seems vindictive........


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    I would contact the landlord and ask them to met you in a local pub or coffee shop.
    Tell them that he has moved his wife into the apartment and he is unwilling to pay more of the rent cost or more towards the bills. I would let the landlord know that you have asked him when are they moving out and he told you it was too expensive.
    Most landlords only want a certain number of people in a house/apartment to keep it in good order. Also from an insurance point of view there insurance may only cover 3 people living there. If they have to make a claim with 4 people living there it could cause problems.

    Before you met the landlord I would decided what you are going to do if the landlord is unwilling to sort this out.
    Would you be happy to tell the landlord that unless they sort this out you will have to consider if you are willing to stay in the apartment. Keeping 2 good tenents and getting in a new person would seem like a better fit for them rather than letting you both move out when you/landlord know the other person won't pay the full rental cost of the place.


  • Closed Accounts Posts: 1,004 ✭✭✭Animord


    padz wrote: »
    This is v concerning in a few ways, your housemate goes to his native country and brings his wife back, my initial reaction to this was the immigration laws sourrounding this, i was under the impression anyone migrating into ireland had to show where they were staying/sufficent funds etc so his excuse about it being too expensive is bs, its surely a condition that to enter and reside in ireland you need to have some savings

    is this a fully legal migration into ireland?, if so you would have had to be asked to sign some form of documentation saying you reside with said husband etc...and nevermind the required funds they would/should need as a couple...i know when my bro migrated with his american wife to the states they needed everything, even blood tests from my bro/fingerprints/full guarda vetting... now i know were not the usa but this seams sketchy, there are correct channels to go thru to bring a wife into ireland nevermind that hes not even an irish native

    think of it, he would have had to be applying for months to arrange this with the state, pps guarda documentation etc, and you would certainly be aware of it, not just him goin on a trip and bringing her back,
    if it seams sketchy to you and as an irish citizen myself id be v tempted to call immigration

    it also seams that you are unwittingly facilitating this senario

    You don't know anything about this person or his wife. They could be from France, or Germany or any other EU country with rights to live and work here.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Woah easy padz! :) No I'm sure everything is above board immigration wise, I remember him saying her Visa had come through.

    That being said, it being too expensive is bs, the dude easily earns double my salary, once you take in all the job perks (guess which big multinational IT company!) and if he can't afford his own place for his new wife then maybe he shouldn't have been getting married.

    His problem is that he wishes to keep up his current high standard of living, at me and flatmate B's expense. As far as I'm concerned if he wants to do that he is just going to have to move further outside the city center and to a smaller apartment.

    I've contacted the landlord explaining the situation now and to make sure he hasn't gone behind our backs and added her to the lease, but haven't heard anything back as yet. Will probably give him/threshold a call later.

    I do feel kind of bad for the wife, she seems nice, doesn't speak much english and is very shy so I don't really want to tarnish her opinion of this country but at the same time, we are not a charity and I'm not going to be paying her way when her husband is more than capable!

    Anyway, thanks for the replies, I will let you guys know the outcome and anything I found out for anyone who may find themselves in a similar situation!


  • Registered Users, Registered Users 2 Posts: 4,055 ✭✭✭Emme


    I assume Flatmate A hasn't already contacted the landlord about his wife and that they aren't paying extra rent as a result. Perhaps he has, have you asked him this? If not don't ask him. Contact Threshold or the PRTB and ask them what should be done in the case of somebody moving a spouse into a shared house without informing the landlord or the other tenants.

    Then contact the landlord and ask him which way you should split bills now that Flatmate A has brought his wife into the house. If the landlord shows any surprise at this say you thought that Flatmate A told him about her moving in.

    Once the landlord knows there's someone else living in the house he will probably increase the rent as Flatmate A is out of order if he hasn't said anything about moving someone else in.

    When I was a student I rented a studio apartment and the woman in the apartment next to me was renting "on her own". Her large and noisy boyfriend used to stay there every night and kept me and another guy on the same floor awake. He was also renting on his own. He contacted the landlord and told him that the couple next door were a bit noisy and could he ask them to keep it down. The landlord didn't know she had a guy there but once he found out he increased the rent and they moved out and bought a house! :eek: That was in the early 1990s so the legal position might have changed since then.

    Your landlord has the right to know someone else is staying in the house, particularly if Tenant A thinks he'll save a few bob by moving his wife in on the quiet.


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  • Registered Users, Registered Users 2 Posts: 8,230 ✭✭✭Merkin


    What a sneaky snake, what an ignorant thing to do without even consulting his flatmates? AND the expectation that you guys will pick up the tab for additional utility costs....the mind boggles :confused: Get straight on to the Landlord about this.


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