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06-02-2019, 17:08   #46
troyzer
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but the extra persons (and these are only the ones he knows about) are NOT paying rent. they are living there rent-free, and are effectively squatters.
Presumably the couple on the lease aren't letting them live there for free. So they are paying rent, just not to the OP.
Congratulations and welcome to the subletting model.

You're absolutely right, they take the rent and don't give it directly to the landlord. Because it's a sublet.

The tenants and landlord have agreed a price and they're paying it.
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06-02-2019, 17:11   #47
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... you can’t kick them out of the property for breach of the lease. ....
You can't break what you aren't on I guess...
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06-02-2019, 17:13   #48
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Congratulations and welcome to the subletting model.

You're absolutely right, they take the rent and don't give it directly to the landlord. Because it's a sublet.

The tenants and landlord have agreed a price and they're paying it.

So can the tenants charge any rent they like to those they are subletting too.
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06-02-2019, 17:17   #49
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So can the tenants charge any rent they like to those they are subletting too.
yes
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06-02-2019, 17:18   #50
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they have breached the LA so the LL is quite entitled to serve them notice.
make sure you give them the correct notice etc.

In a fixed term lease, a Notice of Termination can be served for the following 3 reasons:
  • There is a break clause in the lease agreement.
  • Both parties agree to terminating the tenancy.
  • The tenant breached his or her obligations and has been given reasonable time to rectify the breach, then 28 days notice is required.

https://onestopshop.rtb.ie/ending-a-...end-a-tenancy/
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06-02-2019, 17:20   #51
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yes
They can breech the rpz then. Seems like a loophole.
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06-02-2019, 17:21   #52
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.... Also you can’t kick them out of the property for breach of the lease. you have to give them an opportunity to rectify the situation otherwise you will end up in the prtb and lose.
I was going to post the same. LL gives tenants notice and opportunity to remedy. Tenant says thy have remedied. LL inspects and no proof of extra people (they go out for the eve).LL leaves and extra person sleeps happily in their bed for the eve.

Would it not be next to near impossible to prove in an RTB situation the extra tenant is there full time without sitting outside the property for days on days getting evidence together?
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06-02-2019, 17:27   #53
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I was going to post the same. LL gives tenants notice and opportunity to remedy. Tenant says thy have remedied. LL inspects and no proof of extra people (they go out for the eve).LL leaves and extra person sleeps happily in their bed for the eve.

Would it not be next to near impossible to prove in an RTB situation the extra tenant is there full time without sitting outside the property for days on days getting evidence together?
that's why as a LL it is always to cultivate a good relationship with one or two neighbours, who can keep an eye on who's coming & going.

from my experience most good neighbours are more than happy to help as they dont want the place turned into a kip-house, with all the attendant problems.

if the OP decides on the eviction route, as i advise, then he might well use this as an opportunity to increase the rent when he gets new tenants.
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06-02-2019, 17:30   #54
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if the OP decides on the eviction route, as i advise, then he might well use this as an opportunity to increase the rent when he gets new tenants.
Which he can't do if it's in a RPZ.
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06-02-2019, 17:33   #55
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that's why as a LL it is always to cultivate a good relationship with one or two neighbours, who can keep an eye on who's coming & going.

from my experience most good neighbours are more than happy to help as they dont want the place turned into a kip-house, with all the attendant problems.

if the OP decides on the eviction route, as i advise, then he might well use this as an opportunity to increase the rent when he gets new tenants.
I'm making the point it's not the slam dunk eviction grounds it is made out to be by posters here.

What if tenant claims they're really good mates and they visit very regularly but never stay over. Sure doesn't the RTB hate all landlords and bends over backwards to help all tenants? A neighbour saying "ah I see them there a load of the time" may not cut it.

It's not like the LL can call in whenever they like to inspect the place without breaching quiet enjoyment.
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06-02-2019, 17:36   #56
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Op they are now on a part four tenancy so more difficult to evict.
Your three options are as follows :
1- leave it as it is and inspect every six months.
2- tell them you know what’s going on and it needs to stop otherwise you will give them a termination notice. They are entitled to remedy the situation.
3- tell them a new lease has to be set up as there are new tenants.

What might sound like your in your right to just kick them out because of the minor distrust the prtb will take a different view and you will end up out of pocket. Believe me I’ve been to many hearings for both landlord and tenant and they favor heavily on the tenants side these days.
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06-02-2019, 17:38   #57
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I'm making the point it's not the slam dunk eviction grounds it is made out to be by posters here.

What if tenant claims they're really good mates and they visit very regularly but never stay over. Sure doesn't the RTB hate all landlords and bends over backwards to help all tenants? A neighbour saying "ah I see them there a load of the time" may not cut it.

It's not like the LL can call in whenever they like to inspect the place without breaching quiet enjoyment.
Thats why ll are leaving and tenants have less places to rent
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06-02-2019, 17:41   #58
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Which he can't do if it's in a RPZ.
if i were the LL i would look upon this not as a problem, but as an opportunity.
It is important to remember that not all properties in Rent Pressure Zones are subject to the 4% restriction. Exempt properties include those that have undergone a 'substantial change in the nature of the accommodation'.
https://onestopshop.rtb.ie/rent-pressure-zones/
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06-02-2019, 17:42   #59
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yes
They can breech the rpz then. Seems like a loophole.
No they can't. Because sub lets are licensees, not tenants.
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06-02-2019, 17:48   #60
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I'm making the point it's not the slam dunk eviction grounds it is made out to be by posters here.

What if tenant claims they're really good mates and they visit very regularly but never stay over. Sure doesn't the RTB hate all landlords and bends over backwards to help all tenants? A neighbour saying "ah I see them there a load of the time" may not cut it.

It's not like the LL can call in whenever they like to inspect the place without breaching quiet enjoyment.
sorry to bust your bubble, but the RTB website clearly states it is grounds for termination. check it out. a LA is a contract.

https://onestopshop.rtb.ie/ending-a-...end-a-tenancy/
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