Permission & Residence

Zambia

Hypothetical Scenario

Example
Jill is a acquaintance of Jane

Jill asks Jane can she stay at her house for a few days as she is couch surfing.

Jane says stay she can stay for a week.

At the end of the week Jane asks Jill to move out, Jill states they have a verbal rental agreement and refuses.

Jill has paid0 no money and no evidence exists of the original offer. Its one persons word against the other.

What are Janes options? Call she call the Gardai to remove Jill?

witchgirl26

If Jane is the owner-occupier of the house that Jill is staying in then it's at Jane's discretion who stays. Even if Jane were to advertise to rent out it would be under the "rent-a-room" umbrella & the "tenant" would actually just be a licensee & could be asked to leave at any time.
Calling the Gardai might be excessive on a friend but technically could be done I think if Jane was to claim that Jill was there without permission.

Peregrinus

In general the gardai don't resolve landlord/tenant disputes; they are civil matters.

Jane simply waits until Jill goes out to work/the shops/the cinema/wherever and then changes the locks.

Manach

Offhand claim trespass and have the other party evicted that way, as they have gone beyond their time to be on the premises.

Ken.

Have a read of this about licencee's http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

Especially this bit

If you rent out a room in your home, you are not covered by landlord and tenant legislation so the rights and obligations under that legislation do not apply to you. For example, you are not obliged to register as a landlord with the Private Residential Tenancies Board (PRTB), provide a rent book to the tenant or ensure that the accommodation provided meets any minimum physical standards.

This also means that private tenants living in your home are living under a licensee agreement,not a tenancy agreement, and are really only entitled to reasonable notice if you choose to terminate the agreement. Tenants are, however, entitled to refer disputes to the Small Claims Court. Common claims in this court include disputes about:

Peregrinus

Manach wrote: »

Offhand claim trespass and have the other party evicted that way, as they have gone beyond their time to be on the premises.

Trespass, with nothing more, is not a crime in Ireland and the guards are generally reluctant to intervene in disputes over entltlement to use or occupy property. If you want someone evicted you'll have to get an eviction order from the courts, but I suspect the OP is looking for a quicker remedy.

Zambia

Peregrinus wrote: »

In general the gardai don't resolve landlord/tenant disputes; they are civil matters.

Jane simply waits until Jill goes out to work/the shops/the cinema/wherever and then changes the locks.

This would be my thinking if they can't prove a right to be in your house I don't see any issue.

What could jill do?

Peregrinus

Zambia wrote: »

This would be my thinking if they can't prove a right to be in your house I don't see any issue.

What could jill do?

On the facts as stated in the OP, Jill could do nothing effective.

Anyone who has been granted a lease or licence with respect to property can sue to have it enforced and/or to get damages for breach. But to succeed they'll have to show that they were granted a lease or licence, and Jill will be unable to do this.

coylemj

I don't see that Jill is any different from someone who comes to a party in your house and refuses to leave in which case you politely ask them to leave and if they refuse, you can use reasonable force to eject them from the premises.

If you invite someone to a party in your house, the unspoken agreement is that they are a guest in your house until the party finishes at which point they are expected to leave. Jill is in the same boat except in her case there was a verbal agreement that she could stay for a finite period which has now expired so out she goes.