Licensees in rented property

mrslancaster

A friend's son has been sharing a 3 bed property for a while and one of the housemates is leaving.

The landlord has told them to find a replacement they are happy with, and see if they are compatible. Coming up to six months they have to decide if everything is working out or not, and if all is ok, the landlord will take on the licensee as a replacement tenant and add them to the RTB register.

The landlord wanted them to be sure to tell the new person that their part4 rights only kick in after six months as a registered RTB tenant, and it will be for the remainder of the current part4 tenancy, ie it will run alongside their part4 agreement.

Is that how it works?

.42.

Is the property owner or family of the property owner living in the house?

It would seem that the LL is actually doing your friends son a favour. If they like the new tenant, he/she gets added to the lease, if they don’t, they can ask him/her to leave before he/she gains part 4 tenancy rights. Otherwise it would be up to the LL to remove the new tenant, and he might be happy to receive the new tenant’s rent and not care whether the other tenants like the new one or not.

endacl

The new housemate will be a licensee of the current two tenants, selected by them, and on a six month probationary period. Eminently sensible solution. Would be fair to let the prospective tenant know the score though. If they’re sound and the house and company suit them it should be an issue. Probably shouldn’t be asking them for a deposit from day one, though, if they don’t have the protection of a lease.

mrslancaster

Thanks for the information, it looks like the landlord is trying to make sure they all get on ok.

He also said something about getting contact numbers for next-of-kin. Never heard that before but is it normal for landlords to have it in case someone got ill or something?

mrslancaster

https://www.boards.ie/discussion/comment/118138840#Comment_118138840

So the new guy will only pay a deposit to the LL when he goes on the rtb register and the LL refunds the housemate who's leaving.

That sounds straightforward ok and then its not up to the tenants to collect or return deposits to each other.

endacl

Fairness would mean that neither the LL or departing tenant is left out of pocket for six months though. The two remaining tenants should make up the portion of the deposit returned to the leaver. New tenant can ‘buy in’ when they are entered in the lease.

mrslancaster

https://www.boards.ie/discussion/comment/118139403#Comment_118139403

Right, thanks for that. Do you know if getting the next-of-kin contact details is the norm? LL already knows where they work.

Del2005

https://www.boards.ie/discussion/comment/118138840#Comment_118138840

Not according to the Statute. Once the tenants are in the Part 4 lease then the licencee can apply to be added to the lease.

"(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."

https://www.irishstatutebook.ie/eli/2004/act/27/section/50/enacted/en/html

There's essentially no such thing as a licencee it a rented property, as all the tenants can be kicked out before they get a part 4 lease and once they are in part 4 the licencee is automatically entitled to be a tenant and the RTB are very pro tenant!

mrslancaster

https://www.boards.ie/discussion/comment/118141973#Comment_118141973

That section you quoted says a person can be a licensee of the tenant or multiple tenants so I don't understand what you mean.

endacl

And it begins….

Fkall

https://www.boards.ie/discussion/comment/118142349#Comment_118142349

In particular paragraphs 6 to 8

Residential Tenancies Act 2004, Section 50 (irishstatutebook.ie)