Landlord rights re. number of tenants

Can a landlord decide the maximum occupancy for a property? I've seen on Citizens Info, RTB etc that the landlord has the right 'to be informed' of who's living in the property but nothing about giving permission. If a tenant decides to move in a partner or let out the spare room, for example, do they only have to inform the landlord or do they need to ask ll's permission?

Ginger83

Deleted User wrote: »

Can a landlord decide the maximum occupancy for a property? I've seen on Citizens Info, RTB etc that the landlord has the right 'to be informed' of who's living in the property but nothing about giving permission. If a tenant decides to move in a partner or let out the spare room, for example, do they only have to inform the landlord or do they need to ask ll's permission?

They would need permission as they could refuse to leave etc. There could also be insurance issues.

jr1942

Hopefully this will be legislated and fines introduced for landlords if accepting unrelated people in the apts/houses without any limit to the number and fines for tenants who would do so at later stages.

RoundTheWorld

Hi Cuddle,

It should say in the lease if the tenant has the right to sublet the property and the tenants should be named on the lease. If you clearly state no subletting in the lease, and they move more people in, this is against the tenancy obligations, and you have the right to issue a warning, then an eviction notice. Samples of these are on the RTB website.

You cannot evict a tenant for having children during the tenancy, however, if the property becomes overcrowded, this is a reason for eviction. For example, if it's a one bedroom apartment and they have triplets, it has become overcrowded.

Gumbo

Deleted User wrote: »

Can a landlord decide the maximum occupancy for a property? I've seen on Citizens Info, RTB etc that the landlord has the right 'to be informed' of who's living in the property but nothing about giving permission. If a tenant decides to move in a partner or let out the spare room, for example, do they only have to inform the landlord or do they need to ask ll's permission?

Yes, theoretically there a limit to the amount of people per square meter before it technically becomes overcrowded and the Fire Service can get involved.

jr1942

Had the exact same with couple of our neighbours, ones above us and ones on the side (luckily both apts empty now) - like you said, it's a safety issue if there is an evacuation or so with the fire alarm and what not, then the noise, constant noise because there are so many people in the apt, constant shower usage which then leads to leaks eventually because machines break down after so much usage, constant washing machine usage, if there is only one on 5 adults... they were on all day, then the amount of trash being generated and the place for throwing it away just kept getting filled much before the Panda guys where able to come and take it out.

Then it is the matter of rent and how it affects people who don't want to live with someone who is unrelated to them but have to pay the same price as people who do, although it's not sustainable as per above.

Again, obviously I wouldn't go as far as putting a family with 1 kid moving in the 1bed apt and then getting idk twins and ask them to find a bigger accommodation or god forbid a penalty there in the same basket with all that. - although saying on the side, if a family went to a bank to get a mortgage for a 1 bed, they wouldn't approve it because it's too small for them, so one could argue the case with rent there as well if the number of kids increases, - but ok that would be very extreme.

But when it comes to 5 people from different parts of the world & students renting a 1/2 bed apt or so, placing bunk beds, and what not, this needs to be banned asap and people hired to actually inspect properties for this and aid the landlords with this but also fight some landlords with this too, although in all fairness i've noticed this mainly with sublets. That should be penalized even harsher if established.

Thanks all. It's a small apartment with noise-sensitive neighbour so need to be able to vet & approve all tenants to avoid as much hassle with the neighbour as possible.

JimmyVik

Deleted User wrote: »

Can a landlord decide the maximum occupancy for a property? I've seen on Citizens Info, RTB etc that the landlord has the right 'to be informed' of who's living in the property but nothing about giving permission. If a tenant decides to move in a partner or let out the spare room, for example, do they only have to inform the landlord or do they need to ask ll's permission?

I knew a couple who were in a 1 bed apartment on rent allowance.
The rent allowance stopped paying when they had a baby because they wouldnt pay for 3 people in a 1 bed apartment.
So the landlord got no money for about 6 months and ended up paying them to move out at that stage.