Evicting housemate not on lease

Blondie2011

Hi There,

I am currently looking at evicting a housemate who is not on the rental lease agreement. What is the best way to proceed? Cannot find much on citizens advise. Want to ensure that the correct process is followed as unsure if this person will leave quietly.

Would be greatful if somebody could point me in the right direction!

Blondie2011

I should also add I am not the landlord but a leaseholder, and obviously do not own the property.

the_syco

If they're not on the lease, are they paying rent? Did they ever pay rent or deposit, and how did they happen to start living there?

Blondie2011

Yes they are paying rent and paid a deposit to the leaseholders. Been renting for approx 6 months but unfortunately it is not working out at all. They were informed when moving in that it was a trial, a month to month arrangement. Just unsure of how to go about this.

the_syco

So they are subletting? Best make sure if it's under or over the 6 month mark, as they have more rights I think if it's over the 6 month mark. As for the "trial" part, lol.

It sounds like they are subletting. Dunno if the person who subletted the room to them is their landlord or not, though.

not even wrong

http://public.prtb.ie/DownloadDocs/Licensees.pdf

"A licensee residing in a private rented dwelling is living there at the invitation of the tenant as the arrangement enabling a licensee to live in rented accommodation is made with the tenant and not with the landlord.
...
Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants."

Merch

the_syco wrote: »

So they are subletting? Best make sure if it's under or over the 6 month mark, as they have more rights I think if it's over the 6 month mark. As for the "trial" part, lol.

It sounds like they are subletting. Dunno if the person who subletted the room to them is their landlord or not, though.

Your 6 months means nothing there, they aren't on the lease

not even wrong wrote: »

http://public.prtb.ie/DownloadDocs/Licensees.pdf

"A licensee residing in a private rented dwelling is living there at the invitation of the tenant as the arrangement enabling a licensee to live in rented accommodation is made with the tenant and not with the landlord.
...
Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants."

I'm not sure if I'm misinterpreting what you're saying but, a tenant shouldn't/cant invite subletting without the permission of the landlord, therefore without that authorisation the tenant is in breach of their obligations and the so called subletter has no rights

travellingbid

Is this person aware that there is an issue?
Maybe just say "this isn't working out and as agreed at start, we'd see how it goes and it isn't going"

Xiney

As mentioned, they are a licensee, not a tenant.

As such they have no tenant rights.

You only need to give them reasonable notice (reasonable means at least 10 days but probably closer to 28) and give them receipts for any portion of the deposit you retain (bills, etc)

Zamboni

What's the issue?
Tell the landlord.
Then he can tell them to get out.

Unless you did this without his permission, in which case you need a bollicking too.

Blondie2011

Thanks everyone for your advice, greatly apprecited !

Yes unfortunately the landlord is unaware of the sublet, it was really a case of helping out a friend with nowehere else to go. This person was informed they were just staying month to month at the time they moved in.

One of my other leaseholders have apparently gone ahead and requested verbally that this person leave but now they are saying that they will not leave. So now there is a problem and unsure of how to proceed with this, its not a very pleasant living enviornment.

the_syco

Blondie2011 wrote: »

but now they are saying that they will not leave

If they're a licensee, tell them to GTFO.

antoinolachtnai

Basically it's a matter of the operation of your household. It's not really a matter for the law. Even if the guy were a tenant, this would still be the case. Tenancy law and the lease governs the relationship between the tenants collectively and the landlord. It does not, generally speaking govern the relationship between tenants (or licensees). It is no concern of the landlord, generally speaking.

Merch

Blondie2011 wrote: »

Thanks everyone for your advice, greatly apprecited !

Yes unfortunately the landlord is unaware of the sublet, it was really a case of helping out a friend with nowehere else to go. This person was informed they were just staying month to month at the time they moved in.

One of my other leaseholders have apparently gone ahead and requested verbally that this person leave but now they are saying that they will not leave. So now there is a problem and unsure of how to proceed with this, its not a very pleasant living enviornment.

What do you mean they wont go? get the rest of the house together, tell them you were doing them a favour and now they can move end of. Yhey have no permission from anyone to be there, pack their stuff if they persist.

RachaelVO

That is one helluva sticky situation you've gotten yourself into...

Right, here goes, and I'm probably repeating some of the wisdom posted earlier in the thread, but I worked in property management for years so lets see...

1. You are all are risk of being kicked out, as I'm going to bet it says on your lease no subletting or something similar.

2. The subletter has not rights as far as taking the landlord to task, but he can with whoever arranged the original sublet.

3. He/She is entitled to a full calendar months notice. So if you give him notice mid jan he is under notice to be out by 28th of Feb/1st Mar

4. He/She is not entitled to use his deposit as his last months rent, but in this instance you might want to just come to some agreement. But make sure that utilities etc; are covered before they do eventually move out.

5. Have proof you asked him to leave within a decent time frame, and make notes of dates you talked about the issue and his/her responses. Make sure you keep times too.

6. Make it official, put it in writing. So basically as of today he/she should leave by then end of Feb, and you have no right to expect it to be any earlier, so put that date in the note and send it registered post (to you own residence I know, but it would have to be done).

7. His/Her tenure of subletting has no bearing on the situation, but you do have to give him/her a decent notice period.

8. He/she once they have notice really hasn't got a choice but to move out (contrary to popular belief there is NO such thing as squatters rights). You many have ended your friendship though, and you cannot stop him/her from going to your landlord and reporting the sublet.

Hope this helps. Best of luck

antoinolachtnai

My instinct would be to have the discussion, with a good few people present, and then have something signed and in writing for him. If the discussion goes well, the piece of paper will formalize it and you can maybe modify it if appropriate after the discussion. If the discussion doesn't go well, well at least he will know you are really serious and will probably go and consider his position. What do you write? I would try to keep it simple and as sensitive as possible, I wouldn't get into picking out faults with the guy or discussing what he did or didn't do. Just say that as we discussed, the arrangement for him to stay was a temporary one, and that the time has now come for him to make alternative arrangements, giving him some time to find someplace new.

You have to bring the thing to a head. Otherwise other 'good' people will start moving out and then you'll have a real problem.

It could well be that this guy is in really big trouble once you throw him out, that he literally has nowhere else to go. Be sensitive to and be prepared for this, but don't be a pushover.

PS: I would say he is a licensee rather than a sublessee. It is an important difference in law.

Blondie2011

I'm new to boards and I must say I am overwhelmed with the great advise and help you have all been thank you so much !

I have taken all your comments and advise on board- wish me luck !