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Renting to child & rights

  • 28-08-2020 9:18pm
    #1
    Seth Brundle
    Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭


    I’ve been asked by a neighbour who has considered renting a property they have to their daughter and her husband.
    They plan on selling the property in the next six to twelve months (legal stuff to sort out first) and thought that in the meantime it might make sense to let their daughter and her husband have the use of it.
    The daughter and husband are back from Murica and while he (they think) wants to head back to the States, they reckon the daughter would like to stay here.
    Between the pair of them though, they couldn’t organize a p**s up in a brewery.
    One reason is that my neighbours are considering letting the house to the pair is to potentially help them decide to stay here permanently.

    If the neighbours were to let the pair have the use of the property (either with or without rent payments), would they be entitled to legal rights after six months?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    The fact that the question is even being asked suggests that they at some level anticipate the possibility of trouble. Best to ask a solicitor for advice.


  • #3
    Seth Brundle
    Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭Seth Brundle


    Thanks. That was my initial advice. I somewhat introduced the possibility of statuatory rights.
    Apparently they’ve already an appointment with a solicitor but did ask if I could ask my “contacts” in the meantime.


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    An over holding tenant is bad enough, I can’t think of a worse tenancy situation than an over holding close family member. There have been cases of siblings going to court over property occupancy, I’ve no doubt they are extremely bitter, in this case there may be a malcontent spouse.


  • #5
    Darc19
    Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    They could allow use of the property as "guardians" to ensure occupancy for security reasons.
    You pay them a nominal amount and provide the accommodation in exchange for keeping the house occupied.

    Have a set finishing date.


  • #6
    Dunne1995
    Registered Users, Registered Users 2 Posts: 57 ✭✭Dunne1995


    You are correct in thinking a tenant (be it a stranger or family member) has more rights after 6 months of living in a property. But any tenancy, no matter how long, can be terminated if the house is being sold, provided the correct notice is given to the tenants.

    If there is any suggestion they would stay past their welcome, I wouldn't bother. It shouldn't take 6 to 12 months to sort out the legals of a house sale in any event. Most sales should close in no more than 5 weeks


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  • #7
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    Seth Brundle wrote: »
    I’ve been asked by a neighbour who has considered renting a property they have to their daughter and her husband.
    They plan on selling the property in the next six to twelve months (legal stuff to sort out first) and thought that in the meantime it might make sense to let their daughter and her husband have the use of it.
    The daughter and husband are back from Murica and while he (they think) wants to head back to the States, they reckon the daughter would like to stay here.
    Between the pair of them though, they couldn’t organize a p**s up in a brewery.
    One reason is that my neighbours are considering letting the house to the pair is to potentially help them decide to stay here permanently.

    If the neighbours were to let the pair have the use of the property (either with or without rent payments), would they be entitled to legal rights after six months?

    There is no part4 if you rent to a family member.


  • #8
    Dunne1995
    Registered Users, Registered Users 2 Posts: 57 ✭✭Dunne1995


    davindub wrote: »
    There is no part4 if you rent to a family member.

    Can you link the legislation on that?

    You learn something new every day.

    My understanding was a part 4 doesn't arise if the landlord lives in the house as well. The OP doesn't suggest that is the case here..


  • #9
    Seth Brundle
    Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭Seth Brundle


    The owners (my neighbours) wouldnt be living in the house they're considering renting to their daughter and husband.

    (Thanks for all the replies so far)


  • #10
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    Dunne1995 wrote: »
    Can you link the legislation on that?

    You learn something new every day.

    My understanding was a part 4 doesn't arise if the landlord lives in the house as well. The OP doesn't suggest that is the case here..

    The RTA does not apply as set out below.

    http://www.irishstatutebook.ie/eli/2004/act/27/section/3/enacted/en/html#sec3


    (2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—
    (h)a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,


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