house mate leaving

tom1ie

hi all,
I'm asking this question on behalf of my sister.
so her housemate has decided she is staying put in her mothers house and she is giving her one months notice, as per the contract.
The housemate is saying she is putting her room up on facebook to allow people entry to the house to have a look around to see if they are interested.
My sister is obviously quite angry at this as the place is supposed to be on lockdown so how can you allow people into the house to go sniffing around the kitchen, toilet etc.
what do you think is the appropriate response here?

Mango Joe

Jesus.

No.

Tell your poor sister to warn off this Moron with threats of contacting the Landlord or Gardai or whoever else....

This idiot is clearly unhinged.

fishy_fishy

I'm curious as to what you want to do?

Are you happy to foot her share for a couple of months? If so, say no to viewings.

Otherwise you'll have to find a new housemate. Try source gloves and masks for anyone viewing and yourself, and maybe ask them to let you know if they want doors/presses opened and you will do so

LawBoy2018

tom1ie wrote: »

hi all,
I'm asking this question on behalf of my sister.
so her housemate has decided she is staying put in her mothers house and she is giving her one months notice, as per the contract.
The housemate is saying she is putting her room up on facebook to allow people entry to the house to have a look around to see if they are interested.
My sister is obviously quite angry at this as the place is supposed to be on lockdown so how can you allow people into the house to go sniffing around the kitchen, toilet etc.
what do you think is the appropriate response here?

Tell her that this type of behaviour contravenes Government regulations and that it will not be tolerated. Most other people in this type of situation are doing 'video viewings' whereby they video call the prospective tenant, giving them a tour of the house. It would be reasonable, however, for the tenant who's most likely to take the room, to be able to view the house in person imo. Hope this helped.

Mango Joe

fishy_fishy wrote: »

I'm curious as to what you want to do?

Are you happy to foot her share for a couple of months? If so, say no to viewings.

Otherwise you'll have to find a new housemate. Try source gloves and masks for anyone viewing and yourself, and maybe ask them to let you know if they want doors/presses opened and you will do so

Please do not take this ridiculous, short-sighted, irresponsible advice OP.

ijohhj

fishy_fishy wrote: »

Try source gloves and masks

Anyone want to tell him or should I?

Tell the roomie to get lost until this is over op. It's her choice to leave, knowing the situation, so she should keep paying rent.

Caranica

tom1ie wrote: »

hi all,
I'm asking this question on behalf of my sister.
so her housemate has decided she is staying put in her mothers house and she is giving her one months notice, as per the contract.
The housemate is saying she is putting her room up on facebook to allow people entry to the house to have a look around to see if they are interested.
My sister is obviously quite angry at this as the place is supposed to be on lockdown so how can you allow people into the house to go sniffing around the kitchen, toilet etc.
what do you think is the appropriate response here?

If the housemate is still there she can't go to her mother's and vice versa. She can't show the room to anyone as she's legally required to stay put. People coming to view the room would also be breaking the law as it's not an essential activity

Stark

This situation depends whether the housemate is a licensee (ie: your sister holds the lease and sublets a room to the housemate) or co-signatory on the lease.

If she's co-signatory on the lease, then she has obligations to continue paying the rent until the lease is finished.

If she's a licensee, then she has no obligations (just as she would have to rights if the sister wanted to kick her out) and is free to leave whenever she wants and it's the sister's responsibility to find another person to sublet to.

ijohhj

Stark wrote: »

(just as she would have to rights if the sister wanted to kick her out)

I very much doubt you can just boot anyone you want for any reason in this country.

Stark

Licensees (as opposed to tenants) have no rights.

https://www.rtb.ie/docs/default-source/registration-docs/licensees.pdf?sfvrsn=2

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not
have the rights that apply to tenants. Therefore although the tenant may take in a licensee to
contribute towards the rent, the tenant remains liable to the landlord for the full rent amount and
if the licensee does not meet their payment obligations it is the tenant’s problem and not the
landlord’s, as the tenant’s obligation to pay the agreed rent to the landlord remains. Tenants
are responsible for all of the acts and omissions of their licensees. Therefore, if an act of a
licensee breaches an obligation applying to the tenancy, whether under law or under a written
tenancy agreement, the tenant will be in breach of the obligation thus potentially entitling the
landlord to terminate the agreement and the tenancy in accordance with the relevant legislative
provisions. Examples of breaches would include; a licensee engaging in anti-social behaviour;
a licensee redecorating without the landlord’s written consent – these are prohibited by law; a
licensee hanging out washing on an apartment balcony or leaving an exterior door unlocked –
these may be in contravention of the tenant’s letting agreement or management company rules.
A tenant taking in a licensee will therefore clearly need to establish all the obligations that the
tenant will require to apply to the licensee.

ijohhj

"Licensees in private rented accommodation are not tenants as there has been no tenancy
entered into by them with the landlord."

This means people with no contract surely.

Stark

I'm not sure the circumstances of this particular case, that's why I qualified my reply depending on whether the housemate was on the lease or was subletting. In some cases, a person subletting might draw up a contract but that contract would be worth very little legally speaking.

ijohhj

Stark wrote: »

In some cases, a person subletting might draw up a contract but that contract would be worth very little legally speaking.

I don't think that's the case tbh. Could be wrong. But I've seen many Threshold staff take one look at notices handed to them by people in trouble and immediately telling that the notice to leave is illegal and not to comply. Right around was everyone was getting turfed so the places could be turned into AirBnBs. Definitely not full lease holders either.

Stark

Who was handing out the notice, the landlord or the lease holder? If it's the landlord turfing the person out in order to sell the place then of course the usual rights/obligations would apply as they'd also be kicking out the head tenant in order to gain vacant possession.

If you are renting a room to someone within your house, whether you are the homeowner or the head tenant, you have the right to kick them out on the basis that you simply do not wish to live with them.

ijohhj

Stark wrote: »

Who was handing out the notice, the landlord or the lease holder? If it's the landlord turfing the person out in order to sell the place then of course the usual rights/obligations would apply as they'd also be kicking out the head tenant in order to gain vacant possession.

If you are renting a room to someone within your house, whether you are the homeowner or the head tenant, you have the right to kick them out on the basis that you simply do not wish to live with them.

That's a owner occupied situation, op's isn't by the sounds of things? Calls her 'house mate' not 'tenant'.

Stark

I'm not sure the circumstances of this particular case, that's why I qualified my reply depending on whether the housemate was on the lease or was subletting.

Head tenant and owner occupier are the same situation when it comes to taking in a lodger.

ijohhj

Stark wrote: »

that's why I qualified

You do this more than our football team I feel.

You can't just boot someone living in your non-owner occupied place, especially if they have a contract, which they absolutely should and most do. So far as I know from being around Threshold folk anyway.

tom1ie

Caranica wrote: »

If the housemate is still there she can't go to her mother's and vice versa. She can't show the room to anyone as she's legally required to stay put. People coming to view the room would also be breaking the law as it's not an essential activity

No she went to her mams when the 2km thing came in.

tom1ie

Stark wrote: »

This situation depends whether the housemate is a licensee (ie: your sister holds the lease and sublets a room to the housemate) or co-signatory on the lease.

If she's co-signatory on the lease, then she has obligations to continue paying the rent until the lease is finished.

If she's a licensee, then she has no obligations (just as she would have to rights if the sister wanted to kick her out) and is free to leave whenever she wants and it's the sister's responsibility to find another person to sublet to.

Her name is on the lease as is my sisters. However she is entitled to give 1 months notice as she is doing.

Stark

Fair enough, it's a bit ****ty to renege on rent obligations then in that case.

tom1ie

Stark wrote: »

Fair enough, it's a bit ****ty to renege on rent obligations then in that case.

****ty indeed but where does that leave my sister?
She can’t cover hers and the other half of the rent.
She can’t let people in to look at the place under current circumstances.
If she contacts the LL I presume he’ll say the house mate has fulfilled her obligations by giving a months notice, I need to get my full rent somehow, which tbf he’s entitled to do.
I just think the housemate has done something pretty scumbaggy tbh.

the_syco

tom1ie wrote: »

The housemate is saying she is putting her room up on facebook to allow people entry to the house to have a look around to see if they are interested.

The housemate can show the people the room if they want, but your sister doesn't have to let anyone into the house if the housemate isn't there.

Your sister can put up an ad on Facebook, and do video viewings of the house.

Stark

Or move out herself. Pain in the hole but it's what she signed up to agreeing to a contract with 1 month's notice.

Caranica

the_syco wrote: »

The housemate can show the people the room if they want, but your sister doesn't have to let anyone into the house if the housemate isn't there.

Your sister can put up an ad on Facebook, and do video viewings of the house.

The housemate can't show people the room. They can't visit a home they don't reside in until current restrictions are lifted.

the_syco

Caranica wrote: »

The housemate can't show people the room. They can't visit a home they don't reside in until current restrictions are lifted.

Can you post up a link to this info, so that the OP's sister can send said link to the soon-to-be ex-housemate?

OP; if your sister doesn't pay the full rent, they may be evicted when the situation finishes. But until then, your sister can't be evicted.

tom1ie

Stark wrote: »

Or move out herself. Pain in the hole but it's what she signed up to agreeing to a contract with 1 month's notice.

Why would my sister move out because her housemate is doing something that is going against the spirit of a pandemic lockdown?

tom1ie

Stark wrote: »

Who was handing out the notice, the landlord or the lease holder? If it's the landlord turfing the person out in order to sell the place then of course the usual rights/obligations would apply as they'd also be kicking out the head tenant in order to gain vacant possession.

If you are renting a room to someone within your house, whether you are the homeowner or the head tenant, you have the right to kick them out on the basis that you simply do not wish to live with them.

What? No!
I said my sister is in a house share.
She is a tenant.
Other housemate is giving 1 months notice.
Other tenant wants to allow entry into house share to prospective tenants during pandemic lockdown contrary to governmental instructions.

tom1ie

the_syco wrote: »

The housemate can show the people the room if they want, but your sister doesn't have to let anyone into the house if the housemate isn't there.

Your sister can put up an ad on Facebook, and do video viewings of the house.

So being realistic the only way my sister gets out of this is if she decides to find a suitable house share via video link or something.

Padre_Pio

Call the landlord and tell them about the situation. They may let you off the roommates share of the rent.

Caranica

the_syco wrote: »

Can you post up a link to this info, so that the OP's sister can send said link to the soon-to-be ex-housemate?

OP; if your sister doesn't pay the full rent, they may be evicted when the situation finishes. But until then, your sister can't be evicted.

https://www.gov.ie/en/publication/cf9b0d-new-public-health-measures-effective-now-to-prevent-further-spread-o/

tom1ie

Padre_Pio wrote: »

Call the landlord and tell them about the situation. They may let you off the roommates share of the rent.

I highly doubt this will happen. But yeah she will ring him.