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Asking housemate to move out

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  • 30-07-2019 1:55pm
    #1
    M442
    Registered Users Posts: 83 ✭✭


    Hope it is ok to post here. I share a rented house with 4 others. Two of the others have been living here with years and have a lease. The house is rented via an agent.

    Three of us want one girl to move out for lots of reasons. She is the defensive type and would likely not react well. However she hadn't signed a lease.

    Any reason we can't ask her to move out?


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    #2
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,559 Mod ✭✭✭✭Robbo


    Moderation: Moved from Legal Discussion to Accommodation / Property


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    #3
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    You can ask but it's not going to be easy to remove her if she refuses to go. Has she been there longer than 6 months?


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    #4
    M442
    Registered Users Posts: 83 ✭✭M442


    davindub wrote: »
    You can ask but it's not going to be easy to remove her if she refuses to go. Has she been there longer than 6 months?
    Yes she has been in the house 2 years.


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    #5
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Who does she pay her rent to.


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    #6
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    It costs nothing to ask her to leave.
    Not legal advice but here goes..
    You could always write a letter along the lines of "as you are aware, I am the lease holder and I am subletting the room to you under the "rent a room scheme" as a licensee... please pack your bags and leave."
    Apart from that, she probably has every right to be considered a tenant so thread carefully.
    Tell her you want her out and take her lead. If she wants an excuse, have one rhymed off. It's best to be flexible.. if she wants another month, give her another month. If she wants to move out straight away, don't argue. Refund her the rest of the month if it's what she needs to save face.


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    #7
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    M442 wrote: »
    Yes she has been in the house 2 years.

    Well then it will be very difficult to force her out, even if she were a licensee she is entitled to apply to the landlord to be recognized as a tenant after 6 months.

    But more than likely she took over from a original signatory on the lease and has the same right to possession as anyone else on the lease, who she pays rent to or any other matter of detail is not relevant, it would be common for one tenant to pay the LL anyway.

    It's not a great situation to be in, the RTB won't deal with disputes between tenants and the other legal routes are appropriate to deal with abusive rather than annoying persons from the house.


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    #8
    M442
    Registered Users Posts: 83 ✭✭M442


    Claw Hammer wrote: »
    Who does she pay her rent to.
    She pays it to one of the other tenants accounts who transfers it to the landlord. Thanks for the replies.


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    #9
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    M442 wrote: »
    She pays it to one of the other tenants accounts who transfers it to the landlord. Thanks for the replies.

    If that is the case, she is a licensee of that tenant and can be moved out quite easily.


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    #10
    Del2005
    Registered Users Posts: 18,903 ✭✭✭✭Del2005


    Claw Hammer wrote: »


    If that is the case, she is a licensee of that tenant and can be moved out quite easily.

    No she can't be easily moved out. She can ask the landlord to make her a tenant, as she has been there >6 months, and the landlord can't reasonably refuse the request.

    It might be easier for the other 3 people to move than force the 4th out.


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    #11
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Del2005 wrote: »
    No she can't be easily moved out. She can ask the landlord to make her a tenant, as she has been there >6 months, and the landlord can't reasonably refuse the request.

    It might be easier for the other 3 people to move than force the 4th out.

    She has yet to ask the landlord to make her a tenant. Until she does so, she is a licensee. The other tenants could just lock her out.


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    #12
    TheChizler
    Registered Users Posts: 9,426 ✭✭✭TheChizler


    Claw Hammer wrote: »


    If that is the case, she is a licensee of that tenant and can be moved out quite easily.
    Is not as simple as looking at who you hand your rent money to, it's who you made the arrangement to live in the property with. The landlord could well have arranged for the person to live there and for a single tenant to deal with the rent as an accounting convenience.


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    #13
    M442
    Registered Users Posts: 83 ✭✭M442


    TheChizler wrote: »
    Claw Hammer wrote: »


    If that is the case, she is a licensee of that tenant and can be moved out quite easily.
    Is not as simple as looking at who you hand your rent money to, it's who you made the arrangement to live in the property with. The landlord could well have arranged for the person to live there and for a single tenant to deal with the rent as an accounting convenience.
    She was found the tenants and all arrangements were made with the tenant who has the account. She has had no dealings with the agent or landlord.


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    #14
    TheChizler
    Registered Users Posts: 9,426 ✭✭✭TheChizler


    M442 wrote: »
    She was found the tenants and all arrangements were made with the tenant who has the account. She has had no dealings with the agent or landlord.
    You win this time CH :D


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