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Tenancy Question - Semi long-term guest

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  • 21-04-2020 5:29pm
    #1
    HolyMackerel
    Registered Users Posts: 25 ✭


    Hi all,

    I've just signed a rent agreement with my girlfriend for a new house. We're chuffed, however there's a problem. My old roommate had fallen upon some difficulty as my old landlord is selling the property. We were going to offer my old roommate a place to stay while he gets his rent & deposit together for a new place. However, we're aware of rules regarding subletting and we know there's a bit of an issue here. He would not be paying rent with us, and would just be contributing to bills etc for 1-2 months until he's back on his feet. He's somewhat flirting with homelessness at the moment and we'd like to make sure that doesn't happen.

    If we were to take him on, would it be considered subletting if he's not paying toward the accommodation? We were going to hold him for 1-2 months until his affairs are sorted. I've had difficulty regarding clarification for this so I thought I post here might help shed some light. Just to add, he hasn't any financial woes, burdens, or substance abuse issues. He's just fallen on hard times.

    Thanks all!


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    #2
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    HolyMackerel wrote: »
    Hi all,

    I've just signed a rent agreement with my girlfriend for a new house. We're chuffed, however there's a problem. My old roommate had fallen upon some difficulty as my old landlord is selling the property. We were going to offer my old roommate a place to stay while he gets his rent & deposit together for a new place. However, we're aware of rules regarding subletting and we know there's a bit of an issue here. He would not be paying rent with us, and would just be contributing to bills etc for 1-2 months until he's back on his feet. He's somewhat flirting with homelessness at the moment and we'd like to make sure that doesn't happen.

    If we were to take him on, would it be considered subletting if he's not paying toward the accommodation? We were going to hold him for 1-2 months until his affairs are sorted. I've had difficulty regarding clarification for this so I thought I post here might help shed some light. Just to add, he hasn't any financial woes, burdens, or substance abuse issues. He's just fallen on hard times.

    Thanks all!

    Subletting specifically means you are leasing out the apartment rather than having a licensee or guest.

    You are required to inform the landlord of all new persons living in the apartment though.


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    #3
    HolyMackerel
    Registered Users Posts: 25 ✭HolyMackerel


    davindub wrote: »
    Subletting specifically means you are leasing out the apartment rather than having a licensee or guest.

    You are required to inform the landlord of all new persons living in the apartment though.

    Ok thanks thats great! I've just had a few people contradicting each other regarding this being a sublet or having a licensee and it's just caused some general uncertainty. I've just found a thread here about the differences between the two and that's fine. Nobody I've spoken with could provide clarification on what happens if they're not paying toward the accommodation. The agreement itself doesn't stipulate about licensees, but we planned on speaking with the landlord about it anyway and explaining the situation. We just don't want to be leaving a good guy in the lurch when we're going to have plenty of space to help.


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    #4
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    HolyMackerel wrote: »
    but we planned on speaking with the landlord about it anyway and explaining the situation
    Would try to keep the old roommate as a licensee, if the house isn't big. If he becomes a tenant, he may stay a tenant.


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    #5
    Del2005
    Registered Users Posts: 18,916 ✭✭✭✭Del2005


    the_syco wrote: »
    Would try to keep the old roommate as a licensee, if the house isn't big. If he becomes a tenant, he may stay a tenant.

    Once the tenancy is in the place 6 months a licencee can request to be put on the lease and the landlord can't refuse.


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


    Most leases have a clause stating that the tenant is not to assign, part with or share possession of the property without the written consent of the landlord. If you do so you will be in breach of your lease agreement.


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    #7
    Mrs OBumble
    Registered Users Posts: 25,731 ✭✭✭✭Mrs OBumble


    HolyMackerel wrote: »
    He would not be paying rent with us, and would just be contributing to bills etc for 1-2 months until he's back on his feet.

    This is the key factor: he will be neither a tenant or a licensee. He will simply be a friend who is staying with you, ie a guest. You're probably not supposed to have friends stay for long - but these are extraordinary times and I doubt a landlord would do anything about it.


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    #8
    HolyMackerel
    Registered Users Posts: 25 ✭HolyMackerel


    Mrs OBumble wrote: »
    This is the key factor: he will be neither a tenant or a licensee. He will simply be a friend who is staying with you, ie a guest. You're probably not supposed to have friends stay for long - but these are extraordinary times and I doubt a landlord would do anything about it.

    I was thinking that alright. I just came here just to see if maybe this was the case or if different terms apply. We've brought this up with the landlord in the end anyway, and advised of the situation. He is happy for us to do this as long as our guest doesn't stay for a prolonged period of time which is fair.

    Thankfully, we've received our deposit back from our previous accommodation which gives him a headstart on savings and getting everything together. Thankfully a lot of stress lifted, moving during a pandemic has been an absolute nightmare!


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


    Mrs OBumble wrote: »
    This is the key factor: he will be neither a tenant or a licensee. He will simply be a friend who is staying with you, ie a guest. You're probably not supposed to have friends stay for long - but these are extraordinary times and I doubt a landlord would do anything about it.

    A person can't be living in a house other than as the owner if they are not a tenant or licensee.


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    #10
    Mrs OBumble
    Registered Users Posts: 25,731 ✭✭✭✭Mrs OBumble


    Claw Hammer wrote: »
    A person can't be living in a house other than as the owner if they are not a tenant or licensee.

    Have you got a link for that?


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


    Mrs OBumble wrote: »
    Have you got a link for that?
    http://www.irishstatutebook.ie/eli/1995/act/10/enacted/en/html


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    #12
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    Claw Hammer wrote: »
    http://www.irishstatutebook.ie/eli/1995/act/10/enacted/en/html

    Occupiers liab act, wrong link?


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    #13
    Mrs OBumble
    Registered Users Posts: 25,731 ✭✭✭✭Mrs OBumble


    So you're saying that the owner's kids, granny, widowed auntie or unemployed mate - none of whom are paying rent - are licensees??? And can ask for a tenancy agreement after being there for six months?


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    #14
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Mrs OBumble wrote: »
    So you're saying that the owner's kids, granny, widowed auntie or unemployed mate - none of whom are paying rent - are licensees??? And can ask for a tenancy agreement after being there for six months?

    They live with the owner, the Act has no application at all!


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