Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Asking flatmate to leave

Options
  • 03-08-2011 9:01am
    #1
    Sarann
    Closed Accounts Posts: 3 ✭


    Hi there,

    I just joined and seen this thread about flatmates, I would really like some opinions on my situation. I moved into a beautiful house with a girl who I knew for a while never spent huge amount of time with her but she seemed fine and as the circumstances were I needed to find someone fast.
    I got the house through a friend of mine after a long search. Anyway once we started living together I started to notice a lot of things that started to suggest to me that I was living with a very immature 34 year old woman. She has a very low emotional
    intelligence, where as I have quiet a high one and she doean't really have much regard for my feelings but her own. We are completely on opposite ends of the scale.

    So...my question is this, After one year lease is up & because I got the house through my friend, can I ask her to leave?


Comments

  • Options
    #2
    Victor
    Registered Users Posts: 78,399 ✭✭✭✭Victor


    Thread split.


  • Options
    #3
    listermint
    Registered Users Posts: 33,931 ✭✭✭✭listermint


    Sarann wrote: »
    Hi there,

    I just joined and seen this thread about flatmates, I would really like some opinions on my situation. I moved into a beautiful house with a girl who I knew for a while never spent huge amount of time with her but she seemed fine and as the circumstances were I needed to find someone fast.
    I got the house through a friend of mine after a long search. Anyway once we started living together I started to notice a lot of things that started to suggest to me that I was living with a very immature 34 year old woman. She has a very low emotional
    intelligence, where as I have quiet a high one and she doean't really have much regard for my feelings but her own. We are completely on opposite ends of the scale.

    So...my question is this, After one year lease is up & because I got the house through my friend, can I ask her to leave?

    Well the answer is yes. Of course you can, but the question really is how do you ask her to leave. No ?


  • Options
    #4
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    Sarann wrote: »
    So...my question is this, After one year lease is up & because I got the house through my friend, can I ask her to leave?
    Are both of your names on the lease? Who arranged the letting with her, was it you or the landlord? Does she pay her part of the rent directly to the landlord, or does she pay it to you?
    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. The tenant may already be well established in the dwelling and may take in a licensee because another tenant or licensee has moved out, or the tenant can no longer afford the rent. Alternatively, the tenant may be just entering into a tenancy with the landlord whereby the landlord has indicated that the tenant may admit a certain number of persons to share the dwelling with the tenant. Essentially therefore, in the private rented sector someone is a licensee if living with the person with whom he/she made the letting arrangement.
    ...
    Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants.
    If she is a licensee she does not have security of tenure and you can just ask her to move out.


  • Options
    #5
    Sarann
    Closed Accounts Posts: 3 ✭Sarann


    Thanks for the replies

    Well the house does not belong to me but it belongs to good friends of my friend ( these people did not want to advertise publicly but wanted a good tenant so my friend recommended me) so I went to see them and they agreed so this girl moved in with me. Both our names are on the lease, so in effect we are both tenants and I am the one that goes to the landlord to pay the rent. She gives me the money.
    I don't want this to sound petty and I have really went through this over and over in my mind as to what to do but the situation is not good. I did speak to her about her behaviour and the answer was " I don't have room in my head to think about how my actions affect your feelings because this prevents me from getting on with my life"?!?!

    So I just wanted to check if I have the right to do so, I have no problem in asking her to leave.


  • Options
    #6
    ongarboy
    Registered Users Posts: 5,201 ✭✭✭ongarboy


    If both your names are on the tenancy then I don't think she is legally obliged to leave just because you don't get on with her or because you have asked her to leave. Look at it another way, if you had to right to ask her to leave, she also has the right to ask you to leave.

    You can of course let it be known that you don't want her living there and she may decide to leave because of that but it could also make the living environment more uncomfortable if she stays as she now knows your feelings. If she doesn't move out after you asking, then I'm afraid you will need to find accommodation where you do get on with the housemate(s) or share similarly high emotional intelligence with.

    Unless she is doing something that justifies eviction (failure to pay bills/rent, damaging the property or breaching any other terms set out in the lease), then she is entitled to stay there. Lesser emotional intelligence is not a justifiable cause for eviction. Perceived notions of being of superior intelligence would be a more irritating trait IMO.

    Also, I'm not sure it is fair to dismiss or rate others because of your perceived notion that you have a "high" level of emotional intelligence. Perhaps you should live alone to ensure you don't face a repeat occurrence of living with other lesser beings.


  • Advertisement
  • Options
    #7
    Baralis1
    Registered Users Posts: 350 ✭✭Baralis1


    ongarboy wrote: »
    If both your names are on the tenancy then I don't think she is legally obliged to leave just because you don't get on with her or because you have asked her to leave. Look at it another way, if you had to right to ask her to leave, she also has the right to ask you to leave.

    You can of course let it be known that you don't want her living there and she may decide to leave because of that but it could also make the living environment more uncomfortable if she stays as she now knows your feelings. If she doesn't move out after you asking, then I'm afraid you will need to find accommodation where you do get on with the housemate(s) or share similarly high emotional intelligence with.

    Unless she is doing something that justifies eviction (failure to pay bills/rent, damaging the property or breaching any other terms set out in the lease), then she is entitled to stay there. Lesser emotional intelligence is not a justifiable cause for eviction. Perceived notions of being of superior intelligence would be a more irritating trait IMO.

    Also, I'm not sure it is fair to dismiss or rate others because of your perceived notion that you have a "high" level of emotional intelligence. Perhaps you should live alone to ensure you don't face a repeat occurrence of living with other lesser beings.

    I agree with this. If you both signed the lease, your flatmate is under absolutely no obligation to leave if she is fulfilling the terms of the lease if you ask her to. The fact that you know the owners of the place and organised leasing it has no bearing on it. In fact, if she is there over six months, she is entitled to stay there for up to four years if she claims part 4 tenancy.


  • Options
    #8
    Sarann
    Closed Accounts Posts: 3 ✭Sarann


    ongarboy wrote: »
    If both your names are on the tenancy then I don't think she is legally obliged to leave just because you don't get on with her or because you have asked her to leave. Look at it another way, if you had to right to ask her to leave, she also has the right to ask you to leave.

    You can of course let it be known that you don't want her living there and she may decide to leave because of that but it could also make the living environment more uncomfortable if she stays as she now knows your feelings. If she doesn't move out after you asking, then I'm afraid you will need to find accommodation where you do get on with the housemate(s) or share similarly high emotional intelligence with.

    Unless she is doing something that justifies eviction (failure to pay bills/rent, damaging the property or breaching any other terms set out in the lease), then she is entitled to stay there. Lesser emotional intelligence is not a justifiable cause for eviction. Perceived notions of being of superior intelligence would be a more irritating trait IMO.

    Also, I'm not sure it is fair to dismiss or rate others because of your perceived notion that you have a "high" level of emotional intelligence. Perhaps you should live alone to ensure you don't face a repeat occurrence of living with other lesser beings.


    Ongarboy, I did actually say in my first posting i said " I started to notice alot of things" not just the emotional intelligence. The last of you posting is a bit dictatory especially since you don't know me or the full situation....I was just asking for advice.

    But thanks for you're 2 cents worth anyway


Advertisement