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Advice

  • 28-12-2015 10:55pm
    #1
    Registered Users, Registered Users 2 Posts: 60 ✭✭


    hi all


    I've had some serious domestic issues in the past 6 months. I will give a bit of history of what has happened. I was in a relationship for just under 6 years and we were living together. We rented for most of this time, and I then bought the place we were living in. She wasn't involved in buying the place as I wanted to take this on by myself.


    It ended in May/June time frame and the plan was for her to move out but she was going to emigrate to a different country for a couple of months. I had agreed that she could leave her belongings there and she paid rent for the time she was away. We seemed to be getting along fine but I did feel stressed on her return and I was anxious to know what her plans were for moving out. She hasn't moved out and since then has been making threats when she doesn't get her own way. These threats are to do with solicitors and her saying she could take the place from me. Also, only over the past few days my family were staying there and she was also kicking up a fuss about that too. She was in my place over Christmas and she was threatening to have a party which I wasn't in favour of obviously because it's in my place and we had also agreed not to have parties, especially due to the situation. I have not been back in my place over Christmas as I am in my family home right now.



    My family asked her also not to have the party and she then rang me in a rage saying if they talk to her again, she will bottle them, punch them and give them black eyes..She also threatened to burn my place down. I hated getting family involved but it was my only way to get some support. Needless to say, they didn't stay there as they were too afraid to stay.


    I've had to contact the guards and they have advised me to speak to my solicitor about getting some kind protection/barring order so I have arranged to speak to my solicitor tomorrow about this.



    I just wanted to get some advice from people who have gone through a similar situation. I'm incredibly anxious and really scared of her threatening behaviour. I never thought she would go this far.

    Thanks in advance.


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If she is paying you rent she is a licencee. A licencee can be removed with little or no notice. Just put their stuff on the path and change the locks.

    http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

    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 alicensee 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.


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    I'm sorry to hear this.

    Write down dates times and events. Get your family members (and others) to do the same. Bring these to the solicitor. Note that there are different types of orders - discuss the options with the solicitor. http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/barring_safety_and_protection_orders.html
    ken wrote: »
    If she is paying you rent she is a licencee. A licencee can be removed with little or no notice. Just put their stuff on the path and change the locks.
    Given that there has been a relationship, this might not be so clear cut. However, the OP should discuss this with the solicitor.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Victor wrote: »

    Given that there has been a relationship, this might not be so clear cut. However, the OP should discuss this with the solicitor.

    Agreed, the fact she has been paying rent and in a relationship over five years, may be an issue.

    OP needs to see a solicitor.


  • Registered Users, Registered Users 2 Posts: 1,609 ✭✭✭irishgirl19


    Seeing how she is aggressive. Could you get a protection order that entails her leaving the home. You could represent yourself in the family court for this. Although you'd be best of to get representation


  • Closed Accounts Posts: 3,296 ✭✭✭FortySeven


    Seeing how she is aggressive. Could you get a protection order that entails her leaving the home. You could represent yourself in the family court for this. Although you'd be best of to get representation

    Protection orders do not require the respondent to leave the home. They would need a barring order which is unlikely with just a verbal threat. Op. Seek legal advice. There are laws in place for breakdown of cohabiting couples and yes. She could come after you for recompense. Do not throw her out. Get thee to flac for some legal advice. Asap.


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  • Registered Users, Registered Users 2 Posts: 60 ✭✭LLcoolJ27


    Hi all, Thank you so much for your responses. I have spoken to my solicitor today and I'm getting some legal advice.
    Hopefully this will be sorted out in the next couple of days.


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