Girl renting room in house refusing to move out

For her to be a licencee you have to live there. Which you don’t. Getting your post there or registering it with revenue as your residence don’t change that.

Its a 4 bed house with 4 tenants.

I'm afraid OP doesn't by their own admission, the presence of a mattress means nothing, this is not, from I can determine an issue re a licensee, this is about the removal of what I believe is a Tenant, a whole different ball game. I'm unsure if there's even a Tenancy agreement in place for the four individuals. This is potentially a mess which won't be resolved easily.

Unless the OP is the owner of another property which he may want to sell in the future I don't think his arrangement will cause him difficulty. I know of one individual who had two houses, was living in one and letting the other under the rent a room scheme. This person was giving the "rent a room" house as the PPR to the revenue. You can only have one PPR,obviously, so when the other place was sold it incurred CGT. The OP seems to be spending most of his time in a caring role in the the home of a relative. It is difficult to see how this could interfere with his rights under the rent-a room scheme.

Arrangements like the OP's are pretty common where they don't technically live there but come and go freely (if they want to) to collect post or whatever. If you think about it the other way round and someone was describing this as a tenancy we'd all be outraged that the LL keeps a mattress in the spare room and says they might sleep over a few nights here and there. Point 3 quoted from the PRTB website seems to acknowledge that.

As to what you can actually do about encouraging this girl to leave when she says she has nowhere to go until August 23rd I don't know - this forum is peppered with threads about difficulties getting licensees to leave. What you're legally within your rights to do and what you are able to do on the day will be two different things.

My own view is that if you are seeking to do licencee arrangements and given the way the market for rentals at present is, you're mad to put "at least 6 months" in that agreement. You're just creating difficulties and confusion for yourself by putting it in there in my view.

I'd also stop calling it a "letting agreement". Deformalise it and make it a "house rules" style document for future reference. You're just putting stuff in writing you don't need to do for the type of arrangement you are trying to implement.

You have agreed with her a term from 15/3/2022 for at least six months. She should not have to move out until September 15th. Issue a notice to quit before August 15th.

If this goes to the RTB, there's a fair chance they will deem this a tenancy, not a license agreement, based on the facts at hand. Point 3 in that RTB list generally applies to formal situations such as purpose-built student housing, where the property owner maintains control of the entire building and regularly accesses it and moves licensees to other rooms in the property from time to time as required. A landlord trying to turn a tenancy into a license agreement by going "Oh, well, maybe I'll pop by the place to take a nap at some indefinite point in the future..." isn't going to cut it. That could put you in a very difficult situation.

Really the best outcome you can hope for here is that she does actually leave on August 23rd; that way she's gone and the issue is most likely resolved. There's still a chance she could file a complaint with the RTB about your attempts at an illegal termination, but if you're lucky, she won't bother and that will be the end of it.

If she decides not to leave, you're going to be in for a long and difficult fight. Anti-social behaviour from the tenant or their guests is a valid reason for termination if it isn't corrected, but you must follow the correct process and give them a written warning to correct their behaviour, followed by a written notice of termination if they fail to do so. Those notices must follow specific guidelines. If your previous notices didn't follow those formats, they may not be valid.

If she's only been in the property since March 15th, she won't have acquired Part 4 rights yet, so you may want to consider forgetting about the ASB issues and just issuing her a notice to end the tenancy before she acquires Part 4 rights. This will require a 90-day notice, but if you don't issue that notice before she's been in the property for six months, she will acquire Part 4 rights and you can only terminate the tenancy for one of the allowable reasons under Part 4. (Also, note that your cousin does not count as a "family member" for the purposes of a valid Part 4 termination...) That could mean you'll be stuck with her as a tenant indefinitely if she actually does correct her behaviour going forward and your prior notice on the basis of her ASB is deemed invalid.

Whatever you do, you must not perform an illegal "self-help" eviction of your tenant, or touch her belongings. You will likely end up paying out a significant amount of money when she files a claim with the RTB about your actions.

This is not how the PPR designation works. Revenue have strict rules on how your PPR is determined. With very few exceptions, you must be occupying the property in question full time as your primary residence. Similarly, a house where you don't reside most of the time would not be considered your "main residence" for Rent-a-Room relief. You should be careful that you are not accidentally committing any sort of tax fraud by incorrectly designating your property as your PPR or main residence when you don't live there.

The problem is that you cannot rely on that explanation.

It's not part of the RTB act, but does refer to student type accommodation blocks as far as I am aware.

No such luck for you I would say.

But look eitherway, she is out in a few weeks, has she paid rent to date?

Since you moved back to Ireland in March 2020 have you lived in the house?

From you post you were abroad.

Came home in March 2020 but didn’t live in the house.

It became your PPR in January but you still have not moved there.

Maybe this girl who moved in after it became your PPR could be considered a licensee. All the rest are tenants with tenancy right then? It’s messy. Resolve amicable if it all possible. If she decides to dig heels in then your are in stuck with the law on her side.