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Tenants renting a room in the house

  • 18-08-2018 6:20am
    #1
    Registered Users, Registered Users 2 Posts: 477 ✭✭


    Hi all,

    I have rented out my house since a couple of months with a Part4 lease registered to the RTB.

    I have found out that the tenant is (probably) renting out a spare room of the house on Daft.ie.

    I've read around and looks like that this cannot be considered sub-letting as the person living in the room is a licencee and not a tenant has he/she is leaving with the landlord (i.e. my tenant).

    Looks like that my tenant should have informed me about his decision to rent a room but he didn't. At the same time I cannot accept or veto the person for living in the house as he/she is a licencee.

    What would you do in my case? Honestly I am just disappointed that the tenant is doing whatever he wants, but if I cannot stop him to rent a room as it doesn't breach the sub-letting clause in the contract and they paid rent on time so far, don't see the point to take any action, maybe just monitor the situation.

    I've attached a document I found on the RTB website with the details I mentioned above.

    Thank you in advance for your feedback!


Comments

  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    pasquale83 wrote: »
    Hi all,

    I have rented out my house since a couple of months with a Part4 lease registered to the RTB.

    I have found out that the tenant is (probably) renting out a spare room of the house on Daft.ie.

    I've read around and looks like that this cannot be considered sub-letting as the person living in the room is a licencee and not a tenant has he/she is leaving with the landlord (i.e. my tenant).

    Looks like that my tenant should have informed me about his decision to rent a room but he didn't. At the same time I cannot accept or veto the person for living in the house as he/she is a licencee.

    What would you do in my case? Honestly I am just disappointed that the tenant is doing whatever he wants, but if I cannot stop him to rent a room as it doesn't breach the sub-letting clause in the contract and they paid rent on time so far, don't see the point to take any action, maybe just monitor the situation.

    I've attached a document I found on the RTB website with the details I mentioned above.

    Thank you in advance for your feedback!

    Hopefully you haven't signed s 12 month lease with this joker.
    If you haven't signed a 12 month lease then you may terminate the tenancy for any reason you like within the first 6 months.

    If you have a 12 month lease in place then scan it up here and let's have a read of it.


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    I rent mainly to students and really it concern myself that thereby and utilities are psid. Who is actually there any given day simply isn't worth me getting upset about.

    You can choose to be upset by this and make your own life difficult by chasing it or you can choose to be comfortable knowing the rent is paid.

    Sometimes it's hard for people to make ends meet when renting. If this is what they gotta do to pay the rent, then that's ok by me.

    Do inspections by the book on notice and timing to make sure the place is being kept well and you'll be fine.


  • Registered Users, Registered Users 2 Posts: 1,409 ✭✭✭Nomis21


    I have sublet to others after I have signed a lease with a landlord. It is the only way I could afford the rent. It was never any trouble and the Landlord didn't seem to care as long as the rent was paid and the house looked after. Why would a Landlord care?


  • Registered Users, Registered Users 2 Posts: 1,409 ✭✭✭Nomis21


    I have sublet to others after I have signed a lease with a landlord. It is the only way I could afford the rent. It was never any trouble and the Landlord didn't seem to care as long as the rent was paid and the house looked after. Why would a Landlord care?


  • Registered Users, Registered Users 2 Posts: 2,277 ✭✭✭Cheshire Cat


    Nomis21 wrote: »
    Why would a Landlord care?

    More people = more wear and tear.
    And while the LL probably vetted the tenant(s) on the lease, the licensee is an unknown entity and therefore a possible risk factor.


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  • Registered Users, Registered Users 2 Posts: 1,576 ✭✭✭Glass fused light


    pasquale83 wrote: »
    Hi all,

    I have rented out my house since a couple of months with a Part4 lease registered to the RTB.

    I have found out that the tenant is (probably) renting out a spare room of the house on Daft.ie.

    I've read around and looks like that this cannot be considered sub-letting as the person living in the room is a licencee and not a tenant has he/she is leaving with the landlord (i.e. my tenant).

    Looks like that my tenant should have informed me about his decision to rent a room but he didn't. At the same time I cannot accept or veto the person for living in the house as he/she is a licencee.

    What would you do in my case? Honestly I am just disappointed that the tenant is doing whatever he wants, but if I cannot stop him to rent a room as it doesn't breach the sub-letting clause in the contract and they paid rent on time so far, don't see the point to take any action, maybe just monitor the situation.

    I've attached a document I found on the RTB website with the details I mentioned above.

    Thank you in advance for your feedback!

    You are running a business with a capital investment of how much [ €100,000? €200,000? €300,000? ] ?
    You don't understand the business you are involved with.
    How much more cash can you afford to sink into the business if things go sideways?
    You need to engage with a solicitor experienced in landlord issues to learn about, a) your rights and responsibilities and b) how to protect your investment.

    There are also landlord organisations


  • Registered Users, Registered Users 2 Posts: 477 ✭✭pasquale83


    Pkiernan wrote: »
    Hopefully you haven't signed s 12 month lease with this joker.
    If you haven't signed a 12 month lease then you may terminate the tenancy for any reason you like within the first 6 months.

    If you have a 12 month lease in place then scan it up here and let's have a read of it.

    I haven't signed a 12 month contract, but why you suggest to evict them so quickly?


  • Registered Users, Registered Users 2 Posts: 477 ✭✭pasquale83


    I rent mainly to students and really it concern myself that thereby and utilities are psid. Who is actually there any given day simply isn't worth me getting upset about.

    You can choose to be upset by this and make your own life difficult by chasing it or you can choose to be comfortable knowing the rent is paid.

    Sometimes it's hard for people to make ends meet when renting. If this is what they gotta do to pay the rent, then that's ok by me.

    Do inspections by the book on notice and timing to make sure the place is being kept well and you'll be fine.

    thanks for the reply. So far the place has been kept well and rent paid on time.

    I am not in IRL anymore (that's why I'm renting) and tenants shared pics of some painting work they've done and also they spent time on landscaping the whole garden (I didn't use it so it was almost a jungle). That is for me an house improvement that I have appreciated and let them feel the house their home.

    Looks like they are very independent and didn't bother me for nothing so far (finger crossed).

    The only thing I would like to have is more active communications. I'd like to be informed before hand as I think I should, but if on the other side they don't bother me with stupid requests - I think that it is a good compromise.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭pasquale83


    More people = more wear and tear.
    And while the LL probably vetted the tenant(s) on the lease, the licensee is an unknown entity and therefore a possible risk factor.

    exactly - it is an additional factor in the equation that could potentially lead to problems. It all depends how the tenants are good in managing the licencee. I've been renting to licencees when living myself in that property so I know what I'm talking about.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭pasquale83


    I rent mainly to students and really it concern myself that thereby and utilities are psid. Who is actually there any given day simply isn't worth me getting upset about.

    You can choose to be upset by this and make your own life difficult by chasing it or you can choose to be comfortable knowing the rent is paid.

    Sometimes it's hard for people to make ends meet when renting. If this is what they gotta do to pay the rent, then that's ok by me.

    Do inspections by the book on notice and timing to make sure the place is being kept well and you'll be fine.

    Forgot to ask - I've property rented in another country as well, but not sure there in IRL how it works for inspections. should I notify the tenant 1 month in advance and make it really formal? or can I just pop up at their door with a bottle of wine and have a look around? :)


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  • Registered Users, Registered Users 2 Posts: 23,902 ✭✭✭✭ted1


    pasquale83 wrote: »
    I rent mainly to students and really it concern myself that thereby and utilities are psid. Who is actually there any given day simply isn't worth me getting upset about.

    You can choose to be upset by this and make your own life difficult by chasing it or you can choose to be comfortable knowing the rent is paid.

    Sometimes it's hard for people to make ends meet when renting. If this is what they gotta do to pay the rent, then that's ok by me.

    Do inspections by the book on notice and timing to make sure the place is being kept well and you'll be fine.

    thanks for the reply. So far the place has been kept well and rent paid on time.

    I am not in IRL anymore (that's why I'm renting) and tenants shared pics of some painting work they've done and also they spent time on landscaping the whole garden (I didn't use it so it was almost a jungle). That's for me is an house improvement that I have appreciated and let them feel the house their home.

    Looks like they are very independent and didn't bother me for nothing so far.

    The only think I would like to have is more active communications. I'd like to be informed before hand as I think I should, but if on the other side they don't bother me with stupid requests I think that it is a good compromise.
    They sound like good tenants. I’d leave them be, out of sight , out of mind.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭pasquale83


    You are running a business with a capital investment of how much [ €100,000? €200,000? €300,000? ] ?
    You don't understand the business you are involved with.
    How much more cash can you afford to sink into the business if things go sideways?
    You need to engage with a solicitor experienced in landlord issues to learn about, a) your rights and responsibilities and b) how to protect your investment.

    There are also landlord organisations

    I see your point and I will document myself better (I am already doing it as the attachment from RTB website proves) but why are you making it such a tragedy?

    I mean: I know that being a landlord is a business, I am investing money and time on it, but why they renting to a licencee (for which I have no formal way to stop them to do so, see RTB clarification document) would put my business in such a peril?

    I am monitoring them as I know that for the contract they have I can evict them during the first 6 months without any reason. I am collecting info on if the lack of communications can be used as a reason to breach the contract also past the first 6 months grace period - what else should I do?


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    pasquale83 wrote:
    Forgot to ask - I've property rented in another country as well, but not sure there in IRL how it works for inspections. should I notify the tenant 1 month in advance and make it really formal? or can I just pop up at their door with a bottle of wine and have a look around?

    You shouldn't pop up unannounced. There is a procedure to follow which quick search will give you all the details.


  • Registered Users, Registered Users 2 Posts: 17,473 ✭✭✭✭Blazer


    pasquale83 wrote: »
    thanks for the reply. So far the place has been kept well and rent paid on time.

    I am not in IRL anymore (that's why I'm renting) and tenants shared pics of some painting work they've done and also they spent time on landscaping the whole garden (I didn't use it so it was almost a jungle). That is for me an house improvement that I have appreciated and let them feel the house their home.

    Looks like they are very independent and didn't bother me for nothing so far (finger crossed).

    The only thing I would like to have is more active communications. I'd like to be informed before hand as I think I should, but if on the other side they don't bother me with stupid requests - I think that it is a good compromise.

    I would leave alone then. It sounds like they’re good tenants and are actively looking after the place. That alone is worth its weight in gold.


  • Registered Users, Registered Users 2 Posts: 501 ✭✭✭cazzer22


    I agree with some of the above postings. I am currently living in a three bed (two couples sharing). We toyed with renting out the third bedroom (box room) to get the rent paid, but didn't need to in the end. I agree that yes, an additional person is more wear and tear, but as long as the house is being kept well and the rent is paid in a timely manner then it shouldn't be a big problem (especially if in the short term)


  • Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    You shouldn't pop up unannounced. There is a procedure to follow which quick search will give you all the details.

    Your lease with the tenant will set out the notice period for inspection, generally it’s 7 days notice which is in writing. RTB website will give you template for the letter.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭pasquale83


    cazzer22 wrote: »
    I agree with some of the above postings. I am currently living in a three bed (two couples sharing). We toyed with renting out the third bedroom (box room) to get the rent paid, but didn't need to in the end. I agree that yes, an additional person is more wear and tear, but as long as the house is being kept well and the rent is paid in a timely manner then it shouldn't be a big problem (especially if in the short term)

    Thanks. Is there any landlords in the same situation as mine, with a tenant renting a room in his house? Would like to hear the other side as well :)


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