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Best lease - 2 individuals renting in one property

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  • 07-01-2019 6:34pm
    #1
    geoman1
    Registered Users Posts: 12 ✭


    Advice please!

    When letting a property to 2 individuals, is it best to name both people as tenants on lease...or name only 1 tenant, and name the second individual as an occupant...or name the 2nd person as a tenant on a subletting basis.

    The reason I ask, I often find when there are 2 individuals named as tenants on a lease...it causes problems at the end of the lease term.

    For example, if one tenant wishes to stay on and the other does not... I find the tenant who wants to stay often rushes to find an appriorate replacement. This then sometimes doesn't work out long term due to co habitant issues...and this can lead to issues...and the process repeats!


    I don't think I'm being very clear but maybe in summary, what type of lease suits best when letting to 2 people (not a couple) from a landlords perspective?

    Thanks in advance
    Tagged:


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    #2
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    "what type of lease suits best when letting to 2 people (not a couple) from a landlords perspective?"

    IMO, As many people as you can hold jointly and severally liable for any damages, rent arrears, or any other liability.


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    #3
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    geoman1 wrote: »
    if one tenant wishes to stay on and the other does not... I find the tenant who wants to stay often rushes to find an appriorate replacement.

    How is changing the nature of the tenancy/letting/lease agreement going to fix that?


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    #4
    geoman1
    Registered Users Posts: 12 ✭geoman1


    Graham wrote: »
    How is changing the nature of the tenancy/letting/lease agreement going to fix that?

    This is what I am trying to establish... is it irrelevant which option I choose? or does a sublet scenario create a situation where if the single named tenant decides to not extend the lease...then the landlord has no obligation to the subletting tenant....


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    #5
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    That's where it gets a bit messy, you need to establish at that point what status the sub-tenant has. I understand there comes a stage where a licensee of the original tenant can request to become a recognised tenant:

    Have a read of the RTB explanations, there's a few useful examples:

    https://www.rtb.ie/media-research/publications/licensees-in-private-rented-accommodation


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    #6
    wonski
    Registered Users Posts: 13,687 ✭✭✭✭wonski


    10pennymixup wrote: »
    "what type of lease suits best when letting to 2 people (not a couple) from a landlords perspective?"

    IMO, As many people as you can hold jointly and severally liable for any damages, rent arrears, or any other liability.

    The more people listed in the lease the more being evicted.

    I wouldn't have more than two anyway ;)

    Forget the rent arrears. Small chance of getting it back.


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    #7
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    That's not going to change this part:
    During the existence of a Part 4 tenancy any lawful licensee of the tenant/s may request the landlord to be allowed to become a tenant of the tenancy. The landlord may not unreasonably refuse such a request and must give his/her acceptance in writing.


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