Can someone advise on this situation?

tobesure

I took over a lease from previous lease holder who moved out. I then take over looking after finding someone for the other rooms when someone else moves out etc.

We split the bills and one other person living there has one bill in their name (we still split the bills).

Are these subletters licencees? I thought yes as I am the one with the lease while they do not have their name on the lease.

The reason I ask this question is because on threshold it says:

If you share an apartment or house with other tenants and have exclusive occupation of the property together (share responsibility for rent, household bills etc.) then you are likely a tenant in a ‘jointly and severally’ liable tenancy. 

This means that the household constitutes one tenancy, with all of you sharing rights and obligations (e.g. to pay the entire rent owing). It is important to note that the household rent must be paid, even if one co-tenant moves out. 

There were a couple of things the latest renter in was not happy with. These "issues" were there and shown during the viewing. One was shower pressure is low. There's no pump, only gravity. I ran the shower and explained it was low and owner refused to install a pump. the other is the boiler, which is internal. He claimed it was dangerous as there's a black mark on the wall. This black mark came from an issue years ago with the boiler that was fixed. The boiler in fairness is old but it will be getting serviced soon and I'll be asking for plumbers opinion.

The latest guy in went direct to the agent who deals with the lease and issues and sent an email complaining of these issues, sending pictures of the boiler. I then got an email from the agent saying he won't be dealing with him and only me, how they deal with any problems promptly and asking are there problems with the property.

I am angry this guy went behind my back and am thinking he needs to go and just want to know my options.

Mrs OBumble

If he's there less than six months, he's definitely a licensee.

One he hits six months, he can ask to be put on the lease and so become a jointly and severally liable tenant.

tobesure

https://www.boards.ie/discussion/comment/120802935#Comment_120802935

He can ask, but I don't know if he has asked. I don't believe he has.

So if his name isn't on the lease, he isn't a jointly and severally liable tenant?

just_a_gurl

who does this guy pay his rent to??

See it can kinda get complicated, if he isn't on the lease & pays you the rent then he is def a licensee, is my understanding, i.e. you are renting the whole property & liable for the full rent of the property & you have decided to rent this guy a room. You will find a page on the RTB website about Licences which states a licence applies: to persons staying in rented accommodation at the invitation of the tenant (you being the sole tenant).

BUT

If he pays rent to the landlord it complicates matters & makes it harder to prove he isn't a tenant then.

As others have said, even if he is a licensee, the RTA grants him the right to become a tenant & join the lease if he so requests it of the LL.

I don't think a LL really has much grounds to refuse this request...

If he is in the property less than 6 months then the provisions of the Act would not have kicked in yet & you can serve him "reasonable" notice to leave.

So,

1) Is he there 6 months?

2) Does he pay you or the LL the rent?

3) Can you check with the LL to see if he has asked to be added to the lease?

tobesure

https://www.boards.ie/discussion/comment/120830482#Comment_120830482

He's there just over six months.

He pays me the rent. I pay the landlord.

I haven't been told he has asked to join the lease, the landlord never mentioned this in the email to me so I think not.

But if I give him notice to leave and he then says he is going to ask to be added to lease, where does that leave me?

ballyharpat

https://www.boards.ie/discussion/comment/120830482#Comment_120830482

sorry for piggybacking on this, but, as a landlord, I prefer to deal with just one person- they are then responsible for paying the rent. I expect them to pick who lives there, and if they are not paying the rent, I leave it to the person on the lease to handle it, or else, I would issue a notice to everyone in the house.

In one property, I had one tenant on the lease, he had a friend live there, and they paid the rent to me. The friend stopped paying rent, so I said to the one on the lease, either you handle it, and/or pay me the rent, or I go ahead with notice to quit etc.

Eventually, after 6 weeks, the other tenant paid the rent and backpaid what he owed the friend, then he asked to be put on the lease, I refused, I told him, if it were up to me, he would have been evicted, but his friend kept him on.

Can I refuse to put another tenant on the lease and just keep it to one tenant to collect and pay the rent. I don't mind if they pick the best room, if they charge more rent to the other tenant etc-as long as what's due is paid.

daithi7

https://www.boards.ie/discussion/comment/120831434#Comment_120831434

You can as long as you 'get away' with it I suppose. Sounds sensible to me!!

tobesure

https://www.boards.ie/discussion/comment/120831434#Comment_120831434

Thanks!

So just regarding my situation, if I tell guy to move out and he then asks the landlord to be added to lease, where does that leave me? Does the eviction come first if the landlord just doesn't reply to him within say 1 month or whatever the notice is?

ballyharpat

https://www.boards.ie/discussion/comment/120833432#Comment_120833432

in my situation, it's none of my business whether he stays or goes, so my guess is, he is a licencee, and anyway, has been there less than 6 months, so you can issue him notice, to be on the safe side, talk to the landlord anyway and tell him/her. Then issue the legally required notice for a tenant that has been there under 6 months. But word it carefully, do not call them a tenant at any point.

I got a letter from the RTB today regarding another property, but they sent a leaflet that shows about sublets and tenants, one name on the lease etc, so I'll give a read through that and see if it clarifies anything.

ballyharpat

What is assignment? Assignment is where a tenant transfers their entire interest in a tenancy to a third party. The original tenant then ceases to have any interest or involvement in the tenancy and the assignee becomes the tenant who now deals directly with the landlord and is responsible for the tenancy.

https://ipoa.ie/difference-between-subletting-an-assignment-and-a-licensee/

just_a_gurl

serve him reasonable notice - even if he went to the RTB you would have a fairly good argument that he was a Licensee & the agent emailing you & not him also shows that the Agent accepts him as a licensee with you as the tenant.

Bare in mind that he could potentially argue that he didn't know he was a licensee - your response would be that he never met the landlord, paid you not the landlord, was "interviewed" for a room & offered the room by you & not the landlord & that he has no authority or interest in who else stays there, & that whilst he rents a room he shares common areas in the house (kitchen, bathroom, living area???) with you & you are the only one on the lease...i.e how on earth could he have thought he was a tenant when he never even met/ spoke to the LL...hopefully he won't go to the RTB but you never know with the rental market the way it is.

If he pays monthly then reasonable notice would be 1 month...send a copy to the agent too to let him know that you have asked him to leave so that if he does contact the LL after you serve notice then at least the agent is aware & you would be able to say to the RTB that he only contacted the LL in an attempt to usurp your efforts to end the licence arrangement you had.

Did you put anything in writing with him though that could complicate things? Are the majority of the bills (except 1) in your name & does he pay you for the bills? Did you retain a key to the bedroom he occupies?