Unwelcome Lodger

Blacktie.

Hi OP. If you look though my post history I had something of a similar situation. He had 6 weeks noticed and refused to leave. On the day he was due since he hadn't left at the appointed time I changed the locks packed his stuff up and told him I'd hand it to him at the door. He then threatened me so I let the guards know and dumped all his stuff outside covered up. I believe the guards rang him to tell him they were aware of the situation. He came and took some photos of his things outside and disappeared for a bit. I believe he went to the local garda station to argue his case. He eventually came back, collected his things and left. I sent him back his deposit and haven't heard a word since. This was about a year ago now. Nightmare to deal with at the time.

ijohhj

the_syco wrote: »

Only if the lodger is a student.

Of life?

Rasher1234

FYI...

I have connected with a several online articles written by legal specialists of this area ...I have engaged with them and the following is the state of play with regard to lodgers and homeowners in respect of the new COVID legislation :

I have edited it to try give some continuity and immediate relevance to the topic .....

"I followed the trail you advised (Section 3.2 ) of the new act .. for the life of me , I cant see where where the rent a room scenario is included in the overarching redesignation of licensees as tenants ( and thereby have recourse to the RTB in case of disputes) .....Indeed, I think it appears to be the opposite.....


Section 3(2) of the new Act references the 2019 residential tenancy act (Section 37 )....however ....in section 2 of that act, primarily relates to student accomodation but also states at the very end ....

"but does not include a building or part of a building used for the first-mentioned purpose where the licensor (other than a licensor who is not an individual) also resides in the building or part of the building concerned."

Wouldn't this specifically exempt all situations where the lodger is residing with the homeowner and is sharing all ? That's what most seem to be saying .....

https://www.irishexaminer.com/breaki...cy-991457.html

also:

https://twitter.com/merrionstreet/st...06534646644738


I contacted the RTB and they specifically confirm that they have no jurisdiction in lodger / homeowner situations....see chat below.....


some commentators are non commital to this (probably their clientele are commercial and the rent a room is too small fry ...who knows?? (I just my my lodger gone ...LOL)

MCCann Fitz / AL Goodbody / Sol.ie eyc


The main thrust of there commentary appears to be addressing those who , whatever reasons directly associated with covid , are financially challenged and are subject to indecision as to potentially being chucked out for potential non payment.

I'm at a loss to see where this impacts lodger/ homeowner engagements , especially when there is hostility nmda antagonism involved (a separate matter again ) ...





Chat transcript



Name: John




Jerry Fri, 04/03/20 10:40:21 am Europe/Dublin

Hello. How may I help you?




John 10:40:32 am

Hi Jerry,
Hope all ok ....Was chatting to you yesterday ...you mentioned that lodger / rent a room scenarios are not covered by RTB disputes mechanism
Wanted to know if that is still the same in light of the recent amendments by the Govt who deem 'licenses' to be tenancies .....from what i see , they refer to licences which are commercial and and also those attaching to student accomodation.
https://www.housing.gov.ie/sites/default/files/publications/files/guidance_document_support_for_landlords_and_tenants.pdf
But not to a lodger / rent a room situation




Jerry 10:47:47 am

The exemptions remain the same regarding tenancies in which the landlord and tenant share the same self-contained property. Student-specific accommodation, which was previously considered a license agreement, now falls under the RTB's remit. However if you are the landlord living with a licensee/lodger this is still exempt.




John 10:49:22 am

Thank you very much
have a great day




Jerry 10:49:36 am

It was nice talking to you. Have a great day, goodbye!



Jerry archived the chat
10:49:47 am


I have gone to great lengths to identify and Challenge the the misalignment of the currently amended legislation to the lodger / homeowner senario

RTB advise northing to do with them !

IPOA state Covid has zero impact on the licensee positioning !

FLAC says get the man out before it escalates (as is their experience) !

HAP don't want to be involved as they process just the finances and have zero duty of care when it comes to you selecting your lodger.

Threshold advise send him to the nearest Office to make alternative arrangements !

Victim crime line state that harassment just has to be a single incidence ( someone tell the guards !)

The Guards don't want to get involved as they will do their best to have it remain in the civil arena , (probably so they don't get negative PR in this environment)

Citizen advice ( and other organisations ) remain silent on the issue ,...as its their remit to assist homeless , not advise a potential audience of what NOT they can do !


I hope this is of assistance to folks ...

Rasher1234

Sheep Shagger wrote: »

Starting to wonder if the OP is a wind up merchant, has been given plenty of advice (most of it the same) but still entertains this nonsense.

Hi thank you for you commentary..I understand where you are coming from .... I want to do what is right and to be seen to to what is right and not to take advice off keyboard warriors without making primary investigations myself to satisfy my the correctness of my actions ...as I'm the one who is in the firing line if I put one step out ....also , I'm not a bad ba$tard in that I have a conscience and I'm not out to 'get anyone' ...just to do what I believe is right so I can sleep at night !

BarryD2

runawaybishop wrote: »

Barry, you have made it pretty clear you hate all landlords. We take the op at face value, that's how these things work.

Of course I don't hate landlords. But only a fool takes a story at full face value. There's always another side, assuming there is a story.

Sheep Shagger wrote: »

Starting to wonder if the OP is a wind up merchant, has been given plenty of advice (most of it the same) but still entertains this nonsense.

................

Dtp1979

When it gets closer to eviction time, I think it’s only right that this thread is moved to Afterhours

Rasher1234

Whats afterhours ?
This is my first time on here

Dtp1979

Rasher1234 wrote: »

Whats afterhours ?
This is my first time on here

https://touch.boards.ie/forum/7

Caranica

I don't understand why Threshold got involved. They are a tenants' rights organisation. Your lodger is not a tenant. I wouldn't have engaged with them.

OP, like the other homeowner on here who only got rid of a lodger this week having given notice in January, you have made a rod for your own back with this notice. If you're going to have lodgers in your own home, you need to be strong and not let them walk all over you. As I said earlier, once you got wind of the extortion attempt they should have been shown the door then and there. It's going to be a VERY long week for you

TheRepentent

Rasher1234 wrote: »

Whats afterhours ?
This is my first time on here

One of the crappier forums on boards..people post inane sh1te

TheBoyConor

I would say the wisest course of actions is to lay low for the weeks notice. If you can and are able to change locks, go to a hardware and buy new ones.
After the end of the period has, when you cop that he has left to go to the shops or whatever, burst into action and change the locks and bag up all his stuff and leave it outside.
When he comes back from the shops just lay low. If he starts shouting or attempts to force entry, you are perfectly entitled to call the Gardaí at that point. And you are within your rights to defend yourself and you property if a legitimate need for force arises.

How on earth did you get saddled with this fool anyway? Did he seem normal at the start and then start to act the prick or what was it that caused the relationship to deteriorate.

the_syco

Rasher1234 wrote: »

I have asked Threshold to rehome him

They don't rehome people. Heck, they'll probably tell your licensee all sorts of crap, and tell him to stay.

D3V!L

So much of this doesn't make sense

uck51js9zml2yt

Did he put his request for money in writing.
Bribery is a criminal offence.

Rasher1234

He is going around the house’s involving anyone and everyone who will engage and act on his behalf ... it is classic displacement/ transference actions to play victim ... and indicative of his refusal to take ownership or believe he is in the wrong .... others are right , I’ve been too decent an it’s now a case where the ‘ tail thinks it can wag the dog ‘ .... it’s my home ... but unfortunately , if I act ‘unreasonably’ , then I’m at fault in the eyes of the law , however , any actions I take after the expiration of notice will be valid .,..

L1011

I don't think there is any further purpose to this thread if and until there is an update, and even then I'm not sure...