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Homeowner need to evict difficult licensee - causing distress

  • 06-01-2021 10:35PM
    #1
    Registered Users, Registered Users 2 Posts: 14 sorchanichionn


    Hi all,


    Let me start by saying this post is long overdue.


    I am a single mother who rents out 2 rooms in my house. I had a person move in at the start of October.



    She signed a contract I printed up for a year, everything I read says I am entitled to ask her to leave and 1 month was the agreed period of notice.


    Of the most recent events, she has complained about noise from my kid on Christmas morning. She shares a bathroom with another tenant, he keeps it clean, but she has sent him messages calling him a pig and that room was not clean. I believe she has taken the bathroom key, as she recently messaged me to say if he doesn't clean bathroom she will lock the door. She has asked me to take down Christmas tree, which i said i would by end of week, and they she is saying can you do tonight, because of allergies.

    I feel like I am being told how to live in my own home.

    This person is quite vindictive in her actions, and as a single mum I am nervous of her response, and need to be fully sure of my rights.


    Thanks in advance :mad::mad:


«13

Comments

  • Registered Users, Registered Users 2 Posts: 2,710 ✭✭✭D3V!L


    She's a guest in your house. Treat her as such and ask her to leave. You legally don't have to give her any notice at all.


  • Registered Users, Registered Users 2 Posts: 888 ✭✭✭bb12


    if you're renting a room in your house that you're living in, i believe the tenant does not really have any rights at all. i don't even think you have to give them notice to evict them. either way the law is very much more on your side unlike normal tenants renting out a house etc


  • Registered Users, Registered Users 2 Posts: 14 sorchanichionn


    Thank you


    It is suffice to say this is not working out, and show a print out from citizens advice saying they are a guest in your home??


  • Registered Users, Registered Users 2 Posts: 1,346 ✭✭✭TheW1zard


    Kick her out at once!


  • Closed Accounts Posts: 992 ✭✭✭Bikerman2019


    All of the above is completely correct, but if you gave her a written contract, it may cause an issue


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  • Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    They have no rights from the law , but you may have given them rights with the contract. What exactly does it say ?


  • Registered Users, Registered Users 2 Posts: 4,953 ✭✭✭Bigus


    Get some back up for when you confront her , very handy as witnesses or if she kicks off. Also offer(incentivize) her the price of a hotel room for a night or 2 /taxi in cash( because she’s taking her stuff now and going immediately) , and have new barrels and keys ready to go into the locks , inform the local Garda to be on alert in case of difficulties , they’ll say it’s a civil matter , but just ask them to be alert when the time comes. Don’t put this off.

    Above might seem ott , but much better to be prepared than scared in your own house.


  • Registered Users, Registered Users 2 Posts: 9,817 ✭✭✭antoinolachtnai


    I am sorry to hear that.

    This is your home and you have a right to regulate it as you see fit. You have a duty to take care of your children and your other tenants have a right not to be maltreated.

    I would sit down with her, with a witness by your side and ask her for the bathroom key back if it is still missing. If you can, have a few people nearby. Have your children out of the house.

    When she gives the key back tell her you can see she isn’t happy and it would be best if she left.

    Ask her when is the earliest she can leave. See what she says and when she starts whining about notice periods tell her you want her gone by the weekend.

    When she complains say that she and the other lodger are clearly not getting on and that the situation cannot continue.

    When she complains about the month’s notice tell her you’ll give her all her rent and deposit back when she leaves. (Have the preposition on hand, in cash).

    If she doesn’t give the key back or is obstreperous or argumentative ask her to take her belongings and leave your home immediately. If she doesn’t, ask your friends to remove her belongings. They need to be ready and prepared to do this.

    Offer them a lift somewhere with their things or call a taxi and pay for it out of the deposit.

    They may say they have nowhere to go. To cover this, make sure you have found hotel or hostel accommodation that you can bring them to. Book a night’s accommodation if they decide to take it up.

    Don’t try and do this on your own. You need some help and support. If you are scared of confronting her, get one of your friends or relatives to do it fir you.

    Do this all in daylight if you can.

    I unfortunately had to do this for an elderly relative two years ago who was being pushed around by her lodger. Not much fun, but you have to confront it.


  • Registered Users, Registered Users 2 Posts: 14 sorchanichionn


    D3V!L wrote: »
    She's a guest in your house. Treat her as such and ask her to leave. You legally don't have to give her any notice at all.




    Would you have any links with specific detail on this by chance?


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


    Don’t let anyone tell you what to do in your own home.

    She has 0 rights. Change locks when she is out and leave her belongings outside. Call the guards if she tries to breakin/damage or causes a disturbance.


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  • Registered Users, Registered Users 2 Posts: 2,417 ✭✭✭1874


    B&Q, replace the locks, take it out of her deposit, tell her to fcuk off,
    edit by which I mean remove her rubbish off your doorstep, by her rubbish I mean her belongings, cant be dealing with someone if they are telling you how to live in your own home, if they aren't happy, can take a hike, not soon, ASAP, you dont need any rules or excuses, just tell her to go or get friends or the Gardai if need be.


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


    Don’t let anyone tell you what to do in your own home.

    She has 0 rights. Change locks when she is out and leave her belongings outside. Call the guards if she tries to breakin/damage or causes a disturbance.

    Correction to my post above

    Under covid legislation there is a ban on evictions under level 5 so until 31January at least plus 10 days unless the reason is for anti social behaviour. As far as I know this also applies to licensees as well as tenants.


  • Registered Users, Registered Users 2 Posts: 10 Daz747


    She doesn't have the same rights as a licensee that a tenant would. Unfortunately once under level 5 restrictions there is a government ban on evictions for tenants(the last time I checked this applied to licensees also) I think your best plan of action would be to sit down and speak with her. Its your house after all and she has to respect it and the other people living there

    If that doesn't work you can give her a final warning which I believe has to be a minimum of 7 days for anti-social behaviour


  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    So she’s a nasty piece of work and upsetting everyone else, and you don’t want her to live there anymore. But she many be under pressure and ratty and have different standards of ‘clean’. She may be annoying but its not fair to just kick her out overnight - you were happy enough to take her money.

    Give her the months notice, Tell her there is tension in the house and you no longer want to share your home with her as it is not working for her - especially with the childs noise and the impending schools lockdown which could go on for months. She cannot appropriate rooms or lock people out in your home. It will suit her better to have a private bathroom en suite and more adult environment elsewhere.

    Be firm and fair. Tell her she will get her full
    deposit back as she will be stressing over that.

    You will also now be needing less risk of exposure to your family and less people in the house - having an adult leas will help you achieve this. As it is clearly not working properly for her this will be the best in the long run.


  • Registered Users, Registered Users 2 Posts: 10,210 ✭✭✭✭Caranica


    By giving a written lease the licensee now has more rights than they are legally entitled to. The best advice I was ever given was never ever give a licensee a lease. So notice would be a month, apart from Covid restrictions.

    It's not going to be easy to get rid of her in current times OP but you really need to assert yourself. It's your house, she is a lodger. If she doesn't like your rules or noise or decoration, she can feck off. I don't know why you're even entertaining her. If I was in a house with a child over Christmas of course I would expect noise on Christmas morning. The Christmas tree thing is beyond ridiculous too.

    As for the bathroom, it's not her call. Demand the key back for starters. She has no right to dictate how you or the other lodger behaves. She's walking all over you.


  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    Caranica wrote: »

    As for the bathroom, it's not her call. Demand the key back for starters. She has no right to dictate how you or the other lodger behaves. She's walking all over you.

    What age is she?


  • Registered Users, Registered Users 2 Posts: 10 Daz747


    Its a grey area. The RTB won't help and the licensee might threaten with threshold.

    The lease signed can be used to protect both parties though so it doesn't really afford the licensee any more privileges than they entitled to.

    I would say document everything that goes on and assert your authority in your house. Every person has the right to feel at ease and safe in their own home. If she is causing you distress this should only be a problem for her. Good Luck


  • Registered Users, Registered Users 2 Posts: 2,417 ✭✭✭1874


    Correction to my post above

    Under covid legislation there is a ban on evictions under level 5 so until 31January at least plus 10 days unless the reason is for anti social behaviour. As far as I know this also applies to licensees as well as tenants.


    Forbearance was requested, no rights for a licencee, especially not one who dictates terms, do not offer any incentives to leave, paid hotel rooms or taxis as this just plays into that kind of persons hands.


  • Registered Users, Registered Users 2 Posts: 9,817 ✭✭✭antoinolachtnai


    Caranica wrote: »
    By giving a written lease the licensee now has more rights than they are legally entitled to. The best advice I was ever given was never ever give a licensee a lease. So notice would be a month, apart from Covid restrictions.

    What is the lodger going to do? Seek the protection of the Small Claims Procedure?


  • Registered Users, Registered Users 2 Posts: 2,417 ✭✭✭1874


    Daz747 wrote: »
    Its a grey area. The RTB won't help and the licensee might threaten with threshold.

    The lease signed can be used to protect both parties though so it doesn't really afford the licensee any more privileges than they entitled to.

    I would say document everything that goes on and assert your authority in your house. Every person has the right to feel at ease and safe in their own home. If she is causing you distress this should only be a problem for her. Good Luck


    Its not, not in covid, not everr, not in a licensee situation
    zero rights, and its probably that thinking that has the licensee thinking that way, mistaken as it is, does not give them rights, I would have laughed in her face, told her to cop on any more messing and she is gone in whatever needs be, flat out give her a months notice but tell her any messing about, it will be 24 hrs notice or 24 mins if need be.


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  • Registered Users, Registered Users 2 Posts: 18,538 ✭✭✭✭y0ssar1an22


    'You have a licensee agreement with your landlord. This means that you are in the property by the landlord’s consent or invitation'.

    https://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html#


    personally, be courteous and give her 1 months notice. but if she makes you feel unwelcome/uncomfortable in your own home with your kids, you may have to be more assertive.

    if things do come to a head, you are able to call the police and report for trespassing and request removal.

    they are there by your invitation afterall.


  • Registered Users, Registered Users 2 Posts: 544 ✭✭✭agoodpunt


    this is scruff of the neck territtory


  • Registered Users, Registered Users 2 Posts: 786 ✭✭✭afkasurfjunkie


    Kids are off now for next few weeks. Make sure they make as much noise as possible. Shrug your shoulders if she complains. Warn your other tenant in advance. She’ll go herself hopefully.


  • Registered Users, Registered Users 2 Posts: 2,710 ✭✭✭D3V!L


    Kids are off now for next few weeks. Make sure they make as much noise as possible. Shrug your shoulders if she complains. Warn your other tenant in advance. She’ll go herself hopefully.

    This woman sounds quite touched. I wouldn't put the kids in danger like this.


  • Registered Users, Registered Users 2 Posts: 1,473 ✭✭✭Mimon


    D3V!L wrote: »
    This woman sounds quite touched. I wouldn't put the kids in danger like this.

    This. Kids right to safety trumps any agreement. OP can you be ready with new locks and as soon as she leaves change them/get someone to change them. Leave her stuff outside.

    Just interested if legally a contract for notice period is enforceable or does the licencee still only have licencee rights if the homeowner decides they need to leave?


  • Moderators, Politics Moderators Posts: 42,298 Mod ✭✭✭✭Seth Brundle


    Mimon wrote: »
    This. Kids right to safety trumps any agreement. OP can you be ready with new locks and as soon as she leaves change them/get someone to change them. Leave her stuff outside.

    Just interested if legally a contract for notice period is enforceable or does the licencee still only have licencee rights if the homeowner decides they need to leave?
    Whatever the OP does, they shouldn't just leave her stuff outside as they would b liable for any damage or theft to that property. At the very least, someone should watch it until the licencee's return.


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,263 Mod ✭✭✭✭pc7


    I would sit down and say you are giving her a months notice, that it is your home and it is not working out (out of interest did she have references?). Tell her if she wishes to leave before the month that is fine she won't have to pay. Explain its not working for you and obviously not for her.
    This is your home, with children, if you do decide to rent that room again, I think you need to ensure they have good references, you get a good vibe off them and they understand this is your home (with children).


  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    You are the owner and adult.your word is the law. Take back bathroom key and presumably you had kids when she moved in so who and what is she complaining about.

    Give her notice and stop giving contracts to room renters in the future. Get support to back you up and if she kicks off tell her that the safety of you and your family are her only concern and any aggression will result in immediate removal.

    She is just a guest. If I had a friend act like that they would feel my wrath. A stranger sound be evicted.


  • Registered Users, Registered Users 2 Posts: 14 sorchanichionn


    So she’s a nasty piece of work and upsetting everyone else, and you don’t want her to live there anymore. But she many be under pressure and ratty and have different standards of ‘clean’. She may be annoying but its not fair to just kick her out overnight - you were happy enough to take her money.

    Give her the months notice, Tell her there is tension in the house and you no longer want to share your home with her as it is not working for her - especially with the childs noise and the impending schools lockdown which could go on for months. She cannot appropriate rooms or lock people out in your home. It will suit her better to have a private bathroom en suite and more adult environment elsewhere.

    Be firm and fair. Tell her she will get her full
    deposit back as she will be stressing over that.

    You will also now be needing less risk of exposure to your family and less people in the house - having an adult leas will help you achieve this. As it is clearly not working properly for her this will be the best in the long run.




    Hi

    I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

    Thank you very much for you additional advice


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  • Registered Users, Registered Users 2 Posts: 14 sorchanichionn


    What age is she?




    In her 30's :eek:


  • Registered Users, Registered Users 2 Posts: 14 sorchanichionn


    pc7 wrote: »
    I would sit down and say you are giving her a months notice, that it is your home and it is not working out (out of interest did she have references?). Tell her if she wishes to leave before the month that is fine she won't have to pay. Explain its not working for you and obviously not for her.
    This is your home, with children, if you do decide to rent that room again, I think you need to ensure they have good references, you get a good vibe off them and they understand this is your home (with children).


    I was a fool, I didn't ask for references, only 2nd time renting my room.


  • Registered Users, Registered Users 2 Posts: 933 ✭✭✭Mjolnir


    'You have a licensee agreement with your landlord. This means that you are in the property by the landlord’s consent or invitation'.

    https://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html#


    if things do come to a head, you are able to call the police and report for trespassing and request removal.

    they are there by your invitation afterall.

    Tresspass is a civil matter not a criminal one so no the op can't call the guards and have her removed for trespass.


  • Posts: 133 ✭✭ [Deleted User]


    Hi

    I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

    Thank you very much for you additional advice

    Great advice from just a thought. Make the issues she has raised as the reason for your decision. Things aren't going to change in your home and neither should they. As she's so unhappy, she should find somewhere that she will be.
    A month is fair. But make it clear that it's not move able.


  • Registered Users, Registered Users 2 Posts: 13,762 ✭✭✭✭dubstarr


    Hi

    I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

    Thank you very much for you additional advice

    Wow, she's under the impression she has a say about what happens in your home.

    You need to have someone there when you tell her to leave.And I have a feeling she won't be going easy.


  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭Heart Break Kid


    As mentioned, she has no rights and any there any contact that has ink on it means nothing. Tell her to cop on or leave.

    Point her to this and tell her to be off.

    https://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html

    All the below are fully in your favour.
    Your landlord is not obliged to provide you with a rent book or a statement of rent paid
    There is no legal requirement for your accommodation to meet minimum physical standards (unless you are a HAP tenant and then these minimum standards must be met)
    Any notice you may get of the termination of the tenancy is at your landlord's discretion (although the landlord is obliged to give reasonable notice, the specifics of this notice may vary)
    Your landlord is not obliged to register the tenancy with the Residential Tenancies Board (RTB)
    You cannot use the RTB's dispute resolution service if a disagreement arises between you and your landlord
    You are not protected by the Equal Status Acts 2000-2015, which prohibit discrimination on grounds of gender, civil status, family status, age, race, religion, disability, sexual orientation and membership of the Traveller community – an also on the‘housing assistance’ ground


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  • Closed Accounts Posts: 38 Haraldkare


    Hi

    I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

    Thank you very much for you additional advice


    At first reading it seems like a crazy complaint? But could it have been during a household visit ban? Because then it would be considerate to let her now so she could avoid the visitors.

    I would normally say to give the agreed notice of a month. If I were giving her a months notice, I would not be comfortable having my kids in the same house as a vindictive person.

    I think you should change the locks. I dont think it means you have any less of a heart in this circumstance.


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,263 Mod ✭✭✭✭pc7


    I was a fool, I didn't ask for references, only 2nd time renting my room.


    Next time ensure you do and make sure it goes back more than one rental, as some landlords will give a good reference to get rid!


  • Registered Users, Registered Users 2 Posts: 113 ✭✭ByTheSea2019


    She sounds like she wants to live either in a very quiet house share or on her own. To be honest, it sounds like she didn't think through moving in with a family. She needs to go find an elderly lady who wants a lodger.


  • Posts: 0 [Deleted User]


    She is behaving like she is the homeowner, and you are the licensee.

    In my experience, people like this do not change their spots.

    Cut your losses and show her the door. Then change the locks.


  • Registered Users, Registered Users 2 Posts: 2,417 ✭✭✭1874


    Hi

    I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

    Thank you very much for you additional advice


    Thats crazy, imo, Im not sure how you cleared this up, but I hope you didnt explain it away or apologise? given whats transpired since, Im thinking you were apologetic or at the least too soft, very much grounds for laying out the rules, Id have given her a warning and a reminder if she is unhappy she can supply a months notice or if she persists you'll give her a months notice, absolutely none of her business, even if you operate a single occupancy rule for licensees (guests) its your home, your rules, Id have laid down the law there and then, tbh being too nice or not setting out the rules can lead to this kind of thing, its possible to be firm but fair and not be unreasonable, this person sounds like they are not suited to owner occupier sharing, the only way this will end well is give her a months notice, you could have covered yourself better by not giving a contract AND by setting out the terms/rules and then sticking by them.

    This is the kind of person who will drive away other good lodgers, honestly, just put an end to her now,
    Id give her a months notice after she pays you next, if she leaves early, thats on her, and its her own fault, if you want to pay her for unused lodging to make it easier, by all means do so, but do not pay for taxis or hotels.


    I was a fool, I didn't ask for references, only 2nd time renting my room.


    References mean nothing, anyone can type up a reference or be asked to give one over the phone, in a situation such as yours, you are the owner and all authority lies with you, If you are not the owner (then you are the head tenant and I recommend you give them a months notice before they gain rights), either way you have children, if she is not happy with a sharing situation and its benefits (shared/reduced costs) AND the downsides that comes with (namely sharing) then she needs to get her own place to rent as from what Ive read, thats all that this person can deal with. If any disoute comes up about it, just say its not working out and this is obvious, if she refuses, get ready to give her 24hrs notie have some back up and refer to your concern about your childrens safety, because I for one would tolerate no bull**** from a person acting the way you have described.

    No offence, but there is a middle ground between being too nice and being hard nosed about everything, get rid asap, not your problem, or it shouldnt be.

    pc7 wrote: »
    Next time ensure you do and make sure it goes back more than one rental, as some landlords will give a good reference to get rid!


    References are worth nothing, Id read more into a persons answers to reasonable questions, they may be helpful, but they can be totally fabricated. As a person who has both fully let places and let rooms in my own home, in many cases they are worthless and definitely fabricated.

    She sounds like she wants to live either in a very quiet house share or on her own. To be honest, it sounds like she didn't think through moving in with a family. She needs to go find an elderly lady who wants a lodger.


    Thats very bad advice, no offence, but such a person sounds like they would be willing, even unknowingly to commit elder abuse.


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  • Posts: 0 Alayna Stale Meal


    Hi

    I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

    Thank you very much for you additional advice

    By "cleared it up" I hope you mean told her in no uncertain terms you'll do what you like. She... does know it's your house right?

    I think you need to be absolutely firm tbh, if she doesn't like it then tough.


  • Registered Users, Registered Users 2 Posts: 113 ✭✭ByTheSea2019


    1874 wrote: »
    Thats very bad advice, no offence, but such a person sounds like they would be willing, even unknowingly to commit elder abuse.

    I haven't seen anything to indicate she would abuse. She just seems to have a really low tolerance of noise or untidiness.


  • Registered Users, Registered Users 2 Posts: 3,235 ✭✭✭beachhead


    I am sorry to hear that.

    This is your home and you have a right to regulate it as you see fit. You have a duty to take care of your children and your other tenants have a right not to be maltreated.

    I would sit down with her, with a witness by your side and ask her for the bathroom key back if it is still missing. If you can, have a few people nearby. Have your children out of the house.

    When she gives the key back tell her you can see she isn’t happy and it would be best if she left.

    Ask her when is the earliest she can leave. See what she says and when she starts whining about notice periods tell her you want her gone by the weekend.

    When she complains say that she and the other lodger are clearly not getting on and that the situation cannot continue.

    When she complains about the month’s notice tell her you’ll give her all her rent and deposit back when she leaves. (Have the preposition on hand, in cash).

    If she doesn’t give the key back or is obstreperous or argumentative ask her to take her belongings and leave your home immediately. If she doesn’t, ask your friends to remove her belongings. They need to be ready and prepared to do this.

    Offer them a lift somewhere with their things or call a taxi and pay for it out of the deposit.

    They may say they have nowhere to go. To cover this, make sure you have found hotel or hostel accommodation that you can bring them to. Book a night’s accommodation if they decide to take it up.

    Don’t try and do this on your own. You need some help and support. If you are scared of confronting her, get one of your friends or relatives to do it fir you.

    Do this all in daylight if you can.

    I unfortunately had to do this for an elderly relative two years ago who was being pushed around by her lodger. Not much fun, but you have to confront it.
    Extraordinary.I would move out and give her the house.That's a flippant comment by me.Ask her to leave,maybe she has friends who can carry her things/accommodate her


  • Registered Users, Registered Users 2 Posts: 2,417 ✭✭✭1874


    I haven't seen anything to indicate she would abuse. She just seems to have a really low tolerance of noise or untidiness.


    I disagree, completely wide open to it, imo very likely, whether intentional or not,

    Critical of the home owner, how they live, threatening to take a key (and was it lock a door), tbh I have not seen anything else anywhere that exhibits this closeness to that potential.


    This person needs to find their own place, laying down the rules like she has TO THE OWNER, way out of line


  • Registered Users, Registered Users 2 Posts: 653 ✭✭✭Irish_peppa


    1874 wrote: »
    tbh being too nice or not setting out the rules can lead to this kind of thing,.

    As 1874 says bizarely i have allways been maybe too nice to people and 90% of time got screwed mainly over with rent. My latest current lodger I was just proffesional with her and fairly stand offish as i was advised not to become too friendly and "keep it proffesional" with lodgers ,just very neutral convo with her. Dropped guard and got friendly had a few drinks a few nights with her went to pub a few times. She asked me for a loan of a few things... no problem, all good,
    Funny thing she has never been on time with rent since we got friendly ! Late rent each and every month as soon as we became Pally. She has been there for 14 months never a minute late with rent :confused: Seems the friends status means she doesnt pay on time now:rolleyes: This month rent has been 7 days and counting overdue last month 11 days lol


  • Registered Users, Registered Users 2 Posts: 18,538 ✭✭✭✭y0ssar1an22


    Mjolnir wrote: »
    Tresspass is a civil matter not a criminal one so no the op can't call the guards and have her removed for trespass.

    really? i thought if i was trespassing somewhere the cops could remove me?

    OP, if you are worried about the reaction of the tenant, you can always give a different reason for ending the tenancy.

    use covid as an excuse and you are worried about your kids H and S.


  • Registered Users, Registered Users 2 Posts: 228 ✭✭roper1664


    OP, give the citizens information a call. They are generally very helpful. They will back up what is said on their website.

    The person is a licensee/lodger. You are the homeowner. They give you some money to rent a room in your house.

    Sit down with her and be assertive. Tell her that things aren't working, you wish her the best and that you are giving her till the end of January move out.

    If you get a bad reaction/attitude from her when you tell her this, then direct her to Citizens information, and tell her that this is an informal agreement and that you, as the home owner, can terminate it at any time.

    If it comes to it and you have to send her on her merry way, then you'd have to wait until the next time she leaves the house and put her belongings outside and either have new locks ready so that you can change them or deadlock the door and change the locks at next opportunity.

    I've not read all the replies on this thread and only you can decide if she's already crossed the line. Also, a licensee is not allowed to anything under the agreement other than their bedroom, which they are not permitted to lock. Of course you allow them restricted use of "common areas", which are defined by you. Such as a bathroom, kitchen and possibly even a sitting room.

    There are some other threads on this topic OP. Essentially they all come down to the owner and the licensee not having a full understanding of the scheme.


  • Registered Users, Registered Users 2 Posts: 228 ✭✭roper1664


    Just on the eviction ban. That is only for tenancies and it was clarified that it also includes some type of student accommodations that were not classed as tenancies (I don't have all the details on that).
    Also, to note Anti Social behaviour (noise etc) are exempt and RTB will remove tenants for this reason under due process (if landlord doesnt sort it).

    Specific to this situation though:
    A lodger cannot be "evicted", as there is no tenancy to begin with. So the pandemic restrictions have no effect on it. There is no ban on ending your informal agreement with a paying guest.

    Get your bathroom key and anything else when has belong to you when you sit down with her. Don't let her fob you off. They are yours.


  • Registered Users, Registered Users 2 Posts: 7,206 ✭✭✭SteM


    1874 wrote: »
    B&Q, replace the locks, take it out of her deposit, tell her to fcuk off,
    edit by which I mean remove her rubbish off your doorstep, by her rubbish I mean her belongings, cant be dealing with someone if they are telling you how to live in your own home, if they aren't happy, can take a hike, not soon, ASAP, you dont need any rules or excuses, just tell her to go or get friends or the Gardai if need be.

    Can you just change the locks and then take the money out of her deposit? Surely you would have to give her a chance to hand back the keys first and can't just use her deposit to change locks?


  • Registered Users, Registered Users 2 Posts: 228 ✭✭roper1664


    SteM wrote: »
    Can you just change the locks and then take the money out of her deposit? Surely you would have to give her a chance to hand back the keys first and can't just use her deposit to change locks?

    After having a chat with the lodger and a date to move out, if they were not "compliant", all you could do is remove their property from yours when they step out and change the locks for your own security.

    I would probably just be happy to see the back of them at that stage and take the hit on the money and give them back the deposit. But if they caused a scene, I'd be then phoning the gardaí about the person outside my house, and I'd be at the very least keeping the cost of replacement locks and possibly all of the deposit.

    Essentially though, if they weren't moving out on the day you had stated, then they'd be interfering with you getting a new person in, therefore, costing you money. And that's one of the reasons you had taken a deposit in the first place. In the case that the lodger had caused you delay in getting a replacement lodger in. Other reasons to keep part or all of deposit would include damage and theft, which would also be criminal acts.


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