Can he be kicked out?

laotg · 26-10-2018 10:33pm #1

Not looking for legal advice, just opinions.

So I've a female friend who owns her own house. She met a guy last year and they started dating. He moved into her house in July this year. They broke up a few weeks later. He now won't move put. He was paying half the mortgage for 2 months. But they had no formal contract etc. Can she just turf him out now that they're broken up?

Atlantic Dawn · 26-10-2018 10:35pm

Yes just turf him out, no formal arrangment, goodbye.

Victor · 26-10-2018 11:29pm

As cohabitants, if they were together for several years, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 would create certain rights, but not after a few months.

Some general information: http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/property_rights_and_unmarried_couples.html

Samuel T. Cogley · 27-10-2018 8:47am

He's a guest, event though he was paying rent. Wait until he goes out and change the locks, box up his stuff and get a friend to come over when he's collecting his stuff.

endacl · 27-10-2018 8:50am

Samuel T. Cogley wrote: »

He's a guest, event though he was paying rent. Wait until he goes out and change the locks, box up his stuff and get a friend to come over when he's collecting his stuff.

^^
Best solution.

“You don’t live here. Fcuk off”.

Mod Always be polite

laotg · 28-10-2018 6:59pm

Thanks

MyKeyG · 29-10-2018 5:44pm

If it were me I would report the ex to the Gardaí for trespassing. I completely agree with the the previous comments, there's no legally binding agreement but the recommendations of 'turf him out' are a little irresponsible. Sure he HAS to leave but if there was a verbal agreement in place that's why we have small claims court and believe me anything can happen there.

I don't know the details but if the Ex does leave and has nowhere to go he has every right to claim a verbal agreement was in place for a period of time (which I speculate there was since you claim he was contributing towards the mortgage rather than paying rent) and that your friend's dissolution of the verbal agreement has left him in financial stress and/or with accommodation anxiety. Again that's not legal advice but, and not trying to sound callous, it's what I'd do. But only if I felt I had a genuine grieved status and not to be vindictive! The courts can't make her keep him, but they couldn't care less that it was a relationship gone awry and could award him monies paid!

uck51js9zml2yt · 29-10-2018 5:51pm

A verbal agreement is worth the paper it's written on.
When he goes out change the locks and pack his stuff. Get assistance when he comes back to remove it.

He's a licensee paying rent to the owner who lives there.

That it's half the mortgage is of no consequence.

MyKeyG · 29-10-2018 6:16pm

Dax Echoing Hay wrote: »

A verbal agreement is worth the paper it's written on.

That's why I explained the existence of small claims court then isn't it?;)

30-10-2018 12:14pm

MyKeyG wrote: »

That's why I explained the existence of small claims court then isn't it?;)

How would the Small Claims Court be relevant? The only rental disputes that can be taken there are

a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

They will not accept any other rental-related claims. Link

Samuel T. Cogley · 30-10-2018 12:59pm

28064212 wrote: »

How would the Small Claims Court be relevant? The only rental disputes that can be taken there areThey will not accept any other rental-related claims. Link

They will accpet damage to proerty also so don't stick the boxes on the curb OP.

Cocobeans101 · 30-10-2018 1:19pm

By paying rent does that not make him a houseshare and entitled to 30 days notice?

Teyla Emmagan · 30-10-2018 1:30pm

Cocobeans101 wrote:

By paying rent does that not make him a houseshare and entitled to 30 days notice?

He lives in her house, he is not a tenant. He has no rights.

Victor · 30-10-2018 1:44pm

Cocobeans101 wrote: »

By paying rent does that not make him a houseshare

No, as the property is owner-occupied, he would be a licencee.

If it were a long-term arrangement, he could become a cohabitant and enjoy some rights.

Samuel T. Cogley · 30-10-2018 2:22pm

Cocobeans101 wrote: »

By paying rent does that not make him a houseshare and entitled to 30 days notice?

No but he's entitled to 'reasonabel notice which is not clearly defined. Given he's been asked to move out for a while now I'd suggest that obligation has been met, but that's not being offered as legal advice, just random internet advice which you shouldn't rely on.

Claw Hammer · 30-10-2018 7:16pm

He has the same status as a guest in a hotel. Once he is told to get out he is a trespasser.

Samuel T. Cogley · 30-10-2018 8:05pm

Claw Hammer wrote: »

He has the same status as a guest in a hotel. Once he is told to get out he is a trespasser.

The classic case on reasonable notice was a hotel guest. Wasn't he given three months to vacate?

Claw Hammer · 31-10-2018 10:36am

Samuel T. Cogley wrote: »

The classic case on reasonable notice was a hotel guest. Wasn't he given three months to vacate?

What case are you talking about?

myshirt · 31-10-2018 10:39am

A simple message of On your bike.

Samuel T. Cogley · 31-10-2018 10:58am

Metha v RBS, IIRC.

CIARAN_BOYLE · 31-10-2018 12:37pm

Samuel T. Cogley wrote: »

Metha v RBS, IIRC.

wasn't metha held to be a tennant in the hotel?

Johnboy1951 · 31-10-2018 1:16pm

Samuel T. Cogley wrote: »

Metha v RBS, IIRC.

It is very doubtful in this case that the ex-boyfriend had exclusive use of any part of the house which was one of the deciding factors in that case, was it not?

GM228 · 31-10-2018 1:19pm

Samuel T. Cogley wrote: »

Metha v RBS, IIRC.

Metha held an oral agreement with the manager of the hotel and RBS and successfully argued it amounted to an assured tenancy because he had exclusive possession of the room and the services provided by the hotel were limited in nature.

jimmycrackcorm · 31-10-2018 1:39pm

The ops friend should simply bite the bullet. Change the locks, refuse to let him back in. He's had enough notice.

Pack up all his stuff into bags in the hall so he can take them. If he causes any hassle then call the guards.

To be fully prepared I'd get something on paper to prove being the sole property owner. E. G. An online mortgage statement printed off,which will have a sole name.

If he tries to argue with the guards that he has some rights to be there then they will trek him he has to go to court to get an order. He won't do that of course because he has no rights.

Samuel T. Cogley · 31-10-2018 4:04pm

GM228 wrote: »

Metha held an oral agreement with the manager of the hotel and RBS and successfully argued it amounted to an assured tenancy because he had exclusive possession of the room and the services provided by the hotel were limited in nature.

I thought although he successfuly argued that point he was still found to be a contractual licensee but was still entitled to reasonable notice. Open to correction as always.

4ensic15 · 31-10-2018 9:00pm

Samuel T. Cogley wrote: »

The classic case on reasonable notice was a hotel guest. Wasn't he given three months to vacate?

He was found to be a contractual licensee in a room in the hotel, not a guest in the normal sense. He was paying a monthly rent. He got 4 months, not 3. That was under English law. A normal hotel guest would have had to go on being told.

Can he be kicked out?

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