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Potentially stupid question re. licensees

  • 26-10-2021 2:37pm
    Registered Users Posts: 11,409 ✭✭✭✭ Dial Hard

    Hi all, and apologies if this is a really stupid/obvious question.

    I've been renting my brother's house since 2013. No lease or anything like that as we're family, we just never saw the need and it has all gone swimmingly as it suits both sides. My sister lived here with me for the first six years and then when she moved out, a friend of mine moved in and again, no lease or anything as it was just an informal agreement that again, suited us both at the time.

    Fast-forward to now, the friend is moving on so I need to rent her room out. My understanding is that as I rent the whole house from my brother and the new person would just be renting a room off me, they'd be a category 4 licensee as per the RTB (persons staying in rented accommodation at the invitation of the tenant), but I just want to double-check that I'm not missing anything glaringly obvious - could the fact that there's no lease in place between me and my brother potentially be an issue, for example?

    Thanks a mill in advance!



  • Registered Users Posts: 18,049 ✭✭✭✭ Del2005

    As you are on a Part 4 lease, which you get once you've been renting for >6 months regardless of having another lease, the "licencee" can request to be added to the lease and your landlord can't refuse. They will then have the full protection of the RTB.

    " (7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy may request the landlord of the dwelling to allow him or her to become a tenant of the dwelling.

    (8) The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to—

    (a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose,

    (b) the requester shall hold the dwelling—

    (i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling),

    (ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence holds the dwelling."