Gave lodger 30 days notice - refusing to leave

dublinbando · 15-04-2020 01:15AM #1

Hi All,

We have a lodger renting a room in our house, I am the owner and we have a licencee agreement. I rang threshold last week and they told me that licencees/lodgers are not covered by eviction ban so I gave the lodger 30 days notice. He started getting a little abusive by txt and is refusing to leave.

He rang the RTB today and they told him the eviction notice isn't valid as he is covered under the eviction ban, when he told me this I also rang RTB and they told me the same but I can't find any information online that says the government passed the law that also covers lodgers/rent-a-room/licencees?

This guy is a nightmare to live with and is drinking everyday, smoking in the house which is a breach of the agreement and leaving a mess in kitchen etc.

What should I do?

Seth Brundle · 15-04-2020 01:22AM

He's a lodger so has no rights. Feck him out & change your locks.

Dylan94 · 15-04-2020 01:32AM

dublinbando wrote: »

Hi All,

We have a lodger renting a room in our house, I am the owner and we have a licencee agreement. I rang threshold last week and they told me that licencees/lodgers are not covered by eviction ban so I gave the lodger 30 days notice. He started getting a little abusive by txt and is refusing to leave.

He rang the RTB today and they told him the eviction notice isn't valid as he is covered under the eviction ban, when he told me this I also rang RTB and they told me the same but I can't find any information online that says the government passed the law that also covers lodgers/rent-a-room/licencees?

This guy is a nightmare to live with and is drinking everyday, smoking in the house which is a breach of the agreement and leaving a mess in kitchen etc.

What should I do?

If someone was to smoke in my home they would be sent out the door with no notice. Now that he has been abusive I would have him removed immediately without the 30 day notice.

Ideally you would get your key back and not have to change the locks, as that could be a challenge right now. If not then I would tell him he is no longer welcome, next time he leaves put his stuff outside. If he tries to come back in call the guards

Lolle06 · 15-04-2020 08:12AM

https://www.irishtimes.com/news/ireland/irish-news/ban-on-evictions-and-rent-freeze-in-new-emergency-legislation-1.4211377

I am guessing that this temporary ban would include lodgers since the government want people to stay put where they are atm?

It must be an awful situation for you

CIARAN_BOYLE · 15-04-2020 08:14AM

Lolle06 wrote: »

https://www.irishtimes.com/news/ireland/irish-news/ban-on-evictions-and-rent-freeze-in-new-emergency-legislation-1.4211377

I am guessing that this temporary ban would include lodgers since the government want people to stay put where they are atm?

It must be an awful situation for you

Your one from pbp has claimed publicly that she made it so it would include lodgers.

An even handed reading of the legislation would not support that view.

Lolle06 · 15-04-2020 08:21AM

CIARAN_BOYLE wrote: »

Your one from pbp has claimed publicly that she made it so it would include lodgers.

An even handed reading of the legislation would not support that view.

https://data.oireachtas.ie/ie/oireachtas/act/2020/2/eng/enacted/a0220.pdf

Part 2
Yes, apparently licensees are included.

Sarah491 · 15-04-2020 08:25AM

dublinbando wrote: »

Hi All,

We have a lodger renting a room in our house, I am the owner and we have a licencee agreement. I rang threshold last week and they told me that licencees/lodgers are not covered by eviction ban so I gave the lodger 30 days notice. He started getting a little abusive by txt and is refusing to leave.

He rang the RTB today and they told him the eviction notice isn't valid as he is covered under the eviction ban, when he told me this I also rang RTB and they told me the same but I can't find any information online that says the government passed the law that also covers lodgers/rent-a-room/licencees?

This guy is a nightmare to live with and is drinking everyday, smoking in the house which is a breach of the agreement and leaving a mess in kitchen etc.

What should I do?

If you can’t force him to leave in an already difficult situation and it may be hard for them to find a vacancy elsewhere, but hopefully they are currently looking and will be asap, but till then, be civil as best as you can be and don’t let the annoying things that may be trivial, annoy you. Let it go as you will be hurting yourself emotionally and mentally. You both must have got on at one stage as you choose to live with them. But hopefully they won’t want to be living in that environment either, tough all round and will move on. But till then, be civil and bite your tongue on trivial matters that may annoy you but hold your ground on smoking etc. I live with others and unfortunately you can’t control others choosing to drink everyday. I assume they are not harming you whilst drinking.

Samuel T. Cogley · 15-04-2020 08:26AM

Lolle06 wrote: »

https://data.oireachtas.ie/ie/oireachtas/act/2020/2/eng/enacted/a0220.pdf

Part 2
Yes, apparently licensees are included.

AFAIK it's only licencees in student accommodation.

30 days is way too long but it's done now. When hes out after the 30 days get the locks changed and call the guards if he tries to gain entry.

Edit: box up their stuff and make sure it cant get wet / nicked.

Tasfasdf · 15-04-2020 08:28AM

Samuel T. Cogley wrote: »

AFAIK it's only licencees in student accommodation.

30 days is way too long but it's done now. When hes out after the 30 days get the locks changed and call the guards if he tries to gain entry.

This is correct. Lodgers have no rights.

15-04-2020 08:30AM

Lolle06 wrote: »

https://data.oireachtas.ie/ie/oireachtas/act/2020/2/eng/enacted/a0220.pdf

Part 2
Yes, apparently licensees are included.

Which subsection says licensees are included?

I read that legislation was amended to include student accommodation which would not normally be covered by RTA.

L1011 · 15-04-2020 08:34AM

Dav010 wrote: »

Which subsection says licensees are included?

I read that legislation was amended to include student accommodation which would not normally be covered by RTA.

3 (2) is at least attempting to include licencees.

CIARAN_BOYLE · 15-04-2020 08:40AM

L1011 wrote: »

3 (2) is at least attempting to include licencees.

legislation wrote:

references to landlord shall be construed as including references to licensor within the meaning of section 37 of the Residential Tenancies (Amendment) Act
2019,

Only licensees within the context of section 37 of the 2019 act. Ie residents in student accomodation under licence.

overkill602 · 15-04-2020 08:45AM

he is a thread to ur health/well being, smoking in the house fcuk him out immediately round up lock smith move in a friend if possible

Lolle06 · 15-04-2020 08:53AM

Tasfasdf wrote: »

This is correct. Lodgers have no rights.

That’s great news for the OP!
The RTB should’ve known better in the first place though and not give out false information, making this situation even more difficult.

LuckyLloyd · 15-04-2020 09:29AM

You will have to impose your will and physically remove his property from the house and change locks, etc. You can see from the above posts that legally you may be okay, though be aware that you could end up in court defending yourself on that point.

If you aren’t willing to take decisive action then you’re waiting for your lodger to play ball. In the current context they may have nowhere to go, which I’m sure you’re fully aware of. If they dig in their heels then it’s up to you to make their eviction happen, if you believe you have the legal right.

Caranica · 15-04-2020 09:49AM

30 days notice is ridiculous. You've shot yourself in the foot by giving them that long, even 14 would be generous by the sound of things.

Search this forum, there have been a couple of threads on this since the new legislation. The whole lodger being included or not thing has been debated at least twice already.

Tasfasdf · 15-04-2020 10:18AM

Lolle06 wrote: »

That’s great news for the OP!
The RTB should’ve known better in the first place though and not give out false information, making this situation even more difficult.

The RTB is a joke. They encourage tenants who aren't even paying to overstay.

Mrs OBumble · 15-04-2020 11:03AM

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

fliball123 · 15-04-2020 11:06AM

Mrs OBumble wrote: »

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

Who cares if he is acting like an idiot in the house its his own fault. You cannot be responsible for everyone, you are responsible for you and your family no one else 30 days notice is more than reasonable

ELM327 · 15-04-2020 11:08AM

Mrs OBumble wrote: »

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

To be honest if someone was in my house and I needed him to leave and he wouldnt, I wouldnt care about media perception of me I'd just want him gone.

Graham · 15-04-2020 11:10AM

Mrs OBumble wrote: »

If he goes to the guards or to the media, you will be the one who comes out looking bad.

Or he won't go to the guards and the media.

Or the guards and the media won't have the slightest interest even if he does go.

Granadino · 15-04-2020 11:52AM

Mrs OBumble wrote: »

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

OP shouldn't be worried about the gardai or the media in this case. When you say abusive by text OP, do you mean they are holed up in their room and you can't get them out?
Might be poor timing to evict someone in the current climate, but seeing as they are abusive, make a mess, and smoke in the house etc, then I would get rid of them. Tough ****.

kevcos · 15-04-2020 11:52AM

Mrs OBumble wrote: »

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

OP, just ignore this waffle.

dublinbando · 15-04-2020 12:19PM

kevcos wrote: »

OP, just ignore this waffle.

Yeah that certainly is waffle. If the housing situation was anything like it was before the virus I'd be more understanding but there is over 200 listings on daft for rooms in our area and they're much cheaper than he's paying here, should be no issues finding somewhere else in 30 days.

Sierra Oscar · 15-04-2020 12:38PM

dublinbando wrote: »

Yeah that certainly is waffle. If the housing situation was anything like it was before the virus I'd be more understanding but there is over 200 listings on daft for rooms in our area and they're much cheaper than he's paying here, should be no issues finding somewhere else in 30 days.

There's also the fact that there has been a huge increase in capacity for emergency accommodation since the crisis began. Dublin City Council have literally taken over entire blocks of hotels and short term tourism accommodation for this purpose. Lodger will easily have a roof over his head if he needs it.

overkill602 · 15-04-2020 01:11PM

OP when you say we there are more than one so u have numbers advantage, why did you let this guy in? how long is he there? is he unemployed?

Mrs OBumble · 15-04-2020 01:26PM

dublinbando wrote: »

Yeah that certainly is waffle. If the housing situation was anything like it was before the virus I'd be more understanding but there is over 200 listings on daft for rooms in our area and they're much cheaper than he's paying here, should be no issues finding somewhere else in 30 days.

Except that we are under movement restrictions at the moment, and rental property viewing is not an essential activity.

Its easy to say " who cares" but the reality is that the OP cares if the have an assh0le who they cannot get out of their home.

Claw Hammer · 15-04-2020 01:55PM

Mrs OBumble wrote: »

Except that we are under movement restrictions at the moment, and rental property viewing is not an essential activity.

Its easy to say " who cares" but the reality is that the OP cares if the have an assh0le who they cannot get out of their home.

All the o/p has to do is wait till he goes out and the change the locks.

Mrs OBumble · 15-04-2020 03:01PM

Claw Hammer wrote: »

All the o/p has to do is wait till he goes out and the change the locks.

Sure, And what does the lodger do next?

"Who cares" actually isn't a helpful answer. He won't magically disappear.

The OP needs to have a realistic plan of how this can play out. Just changing the locks is simply inviting the lodger to break in to get his stuff, at very least.

Seth Brundle · 15-04-2020 03:04PM

Mrs OBumble wrote: »

Sure, And what does the lodger do next?

"Who cares" actually isn't a helpful answer. He won't magically disappear.

The OP needs to have a realistic plan of how this can play out. Just changing the locks is simply inviting the lodger to break in to get his stuff, at very least.

Which post mentioned how the OP was the lodger's mother?
The OP doesn't need to plan how this will work out like you say because the gardai will lift him for B&E if he does as you suggest.

magicmoves · 15-04-2020 03:09PM

Give the lodger a boot up the hole and tell him to feck off

Gave lodger 30 days notice - refusing to leave

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