Licencee gave me 1 weeks notice to quit - is she required to give 1 mth / 30 days?

whattodo121212

Everyone hates a land lord but I want to play fair.

Shared with a licencee for 5 mths approx, Im the property owner. The rent was paid by the mth.

No contract.

Im being given 7 days notice. Its not enough.

I want to play fair but I have to replace the person and its very short notice.

Ive conf that I dont want to profit from a partial deposit retention / new persons rental OVERLAP. I want to play fair. But I dont want to be out of pocket with inadequate notice?

Can I withhold a portion of the deposit until I find someone and calculate a FAIR deduction from it?

e.g. If I find someone 15 into a notice period - return half of deposit.

Or is there no requirement to give any notice.

Black_Knight

AFAIK, there's no required notice for a licensee, unless a contract was agreed and it has been stated in the contract.
Can't find anything concrete to back me up on that (yet).

whattodo121212

Black_Knight wrote: »

AFAIK, there's no required notice for a licensee, unless a contract was agreed and it has been stated in the contract.
Can't find anything concrete to back me up on that (yet).

Ok thanks.

Reasonable notice ... with rent paid by the month I though would be 1 mth notice.

davo10

whattodo121212 wrote: »

Ok thanks.

Reasonable notice ... with rent paid by the month I though would be 1 mth notice.

A licensee is effectively a "guest" in your home, no notice is required, but a week is courtesy. The flip side is that if you didn't like him/her, you could have given him/her one week notice.

Black_Knight

whattodo121212 wrote: »

Ok thanks.

Reasonable notice ... with rent paid by the month I though would be 1 mth notice.

Not for licensees (again, as far as im aware). Similarly, as a licensee, you (the landlord) don't have to give them any notice when asking them to leave.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants.

From here:
https://www.rtb.ie/media-research/publications/licensees-in-private-rented-accommodation

Also:

Any money that a licensee pays to the tenant as a deposit is a personal payment to the tenant and is not a deposit with the meaning of the Residential Tenancies Act 2004, as that meaning is confined to deposits paid by tenants to landlords.

This is under licensees in a private rented accommodation, but i'd assume the same applies for licensees in a landlords home. Being honest, you should give the entire deposit back, assuming their room is left in the condition you let it in.

whattodo121212

Ive been doing some reading on this myself on that site ...

lavinia hathaway

Tenancy law doesn't apply here, if her rent is paid and there's no damage then the deposit should be returned in full.

It is advisable to draw up an agreement for future lodgers if you require a month's notice, and include any other ground rules you wish.

As Black Knight said, you had no contract this time so she can leave without penalty.


http://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html

whattodo121212

Im returning 100% of the deposit. I like playing fair and thats more than fair .......

Thanks everyone for the advice ...