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Girl renting room in house refusing to move out

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Comments

  • Registered Users Posts: 6,699 ✭✭✭amacca


    100% and that's the way they like it


    Makes them relevant....not only have they screwed landlords they've screwed renters too.........like a lot of quangos they've engineered the a need for their existence where there was **** all need before.



  • Registered Users Posts: 9,991 ✭✭✭Caranica


    She's moved out, why is this thread going on and on?



  • Registered Users Posts: 16 geniejews


    As she was in a FTL, did you send her a warning letter?. If not then the notice is invalid. As you were living abroad, was Revenue withholding tax paid? If you are availing of the room to rent amount, then the Revenue will chase you down



  • Registered Users Posts: 16 geniejews




  • Registered Users Posts: 18,013 ✭✭✭✭Bass Reeves


    PPR she is a liciencee, everything else is not applicable it's outside the scope of the tenancy. In other words you are scare mongering l. This goes on all the time on these threads to prevent owner from asserting there rights

    She was a liciencee so he was being generous giving her any notice. He should never have put it in his contract to her.

    Slava Ukrainii



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  • Registered Users Posts: 1,731 ✭✭✭mrslancaster


    Glad the OP's situation with the girl was sorted but this thread raised a lot of questions imo so hence the long post. I have followed this and other threads about licencees/lodgers for a while and it is confusing.

    1: It is clear that a person sharing a dwelling with the owner is not a tenant and does not come under the RTB, they are a licensee/lodger.

    2: It is clear that a person staying in a rented dwelling at the invitation of the tenant is a licensee/lodger.

    However the RTB also says a licencee is:

    3: "persons occupying accommodation in which the owner is not resident under a formal license arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants"


    The RTA says:

    “tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy"

    "dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);


    What I dont understand is how a bedroom in a property that is rented separately can be described as a dwelling for tenancy purposes if it is not self contained and has no kitchen or bathroom facilities. Ok, some have en-suites but if the kitchen is shared, it is not self-contained.

    If it has en-suite and kitchen with a lockable entrance door, then it is a bed-sit, is self contained and the occupant has exclusive use, so it is a tenancy.

    Also, a landlord who rents bedrooms separately can change any of the occupants without recourse to the occupants of the other bedrooms, and none of the occupants can claim to have exclusive use of the property or object to a new/different renter or if a bedroom is left vacant. It will not affect the amount of rent each individual pays. This situation seems to fit in with the RTB description of licensees described at 3 above. It seems to me these renters are licensees sharing common areas but I dont know.

    This scenario of several individuals house sharing is obviously not the same as a situation where 3 or 4 people jointly take a tenancy for an entire self-contained dwelling together. They move in on the same date and all names are on the tenancy agreement. In that case, those joint tenants have exclusive use and rights to the dwelling and the landlord cant come and go whenever they please and can't change or swap out any of the individuals. Those 3 or 4 tenants are the same as a family unit and if one of the joint tenants wants to leave, the remaining tenants must pay the full rent. If they want to get a replacement, they need the landlords consent to assign or sub-let their interest.

    The OP was not living in the house, but he said he was renting separately and no occupant had exclusive use. How could this fall under the RTB, it cant be the default that renters are always tenants, the RTB cant have it both ways.

    The OP cant have it both ways either, RAR only applies if the owner is sharing with the lodgers. As others said, tax issues can get messy and expensive.

    Also, where does it say that a room downstairs can't be used as a bedroom?


    Edit: I think if there was a dispute OP, how the bills and utilites are managed and paid in separate lettings could be important, maybe they need to be in the landlords name and charged individually or it could be seen as a joint situation?? As I said before, confusing 😤

    Post edited by mrslancaster on


  • Registered Users Posts: 283 ✭✭TSQ


    A question: if someone has a signed 6 month lease, does this negate the need for landlord to give notice to vacate? Or must the landlord in effect serve notice on the tenant half way through the tenancy that they have to vacate within 90 days (which will be when the agreed 6 month lease has ended)?



  • Registered Users Posts: 1,609 ✭✭✭Tonesjones




  • Registered Users Posts: 18,013 ✭✭✭✭Bass Reeves


    Slava Ukrainii



  • Registered Users Posts: 23,179 ✭✭✭✭ted1


    are you closing rent a room relief? Are you getting less than 14k a year ?



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