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Tenent no on lease - rights

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  • 29-08-2012 9:49pm
    #1
    ballyharpat
    Registered Users Posts: 1,804 ✭✭✭


    Hey, My girlfriend was renting a house, it is a 4 bedroomed house, she had three rooms rented out. she was there for 3 years, she always had the other rooms rented out but got sick of finding people and collecting the rent, so she's moving out. 2 of the 3 tenents moved out and there is one that has been there for 2 years, he has been given 6 weeks notice, but refuses to move out.

    Even though he never got a lease, can he do this?

    She has to be out by Friday, and the landlord has viewings arranged for Friday.

    Thanks in advance for any help.


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    #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Several things come to mind, but without further details, I can only suggest.

    Depending on how the house was originally leased out - as a single unit and whose names were on the lease.

    It is possible that she was in breach of tenant's obligations by renting out rooms without the landlord's written consent.

    The remaining "tenant" may not be a tenant but a lodger and your girlfriend's landlady.

    Is this the end of a fixed term lease for your girlfriend? End of lease for the house?


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    #3
    ballyharpat
    Registered Users Posts: 1,804 ✭✭✭ballyharpat


    SHe was the only name on the lease, She did have the permission of the landlord to rent out as many or as few rooms as she wanted.? The Landlord is fine with her moving, she have given enough notice in that regard. The landlord already has new tenents lined up for viewings.


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    In this case, provided she also lived in the house, the "tenant" and any others she rented a room to, were lodgers or licensees and not tenants. They were/are allowed to stay in the property as long as the landlady agrees. She can withdraw that permission any time she likes and the lodger must leave. If payment was paid monthly, it is usually considered a months notice is sufficient.

    She is entitled to lock a lodger out, once he is outside.

    I hope you find this information useful.


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    #5
    ballyharpat
    Registered Users Posts: 1,804 ✭✭✭ballyharpat


    Thanks very much, that was what I thought alright, but I just wanted to be sure, much appreciated.


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    #6
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    You're welcome. Hope you get it sorted in time.


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    #7
    miller50841
    Closed Accounts Posts: 1,525 ✭✭✭miller50841


    Tell them there car was broken into have locks changed let them go out to see close door job done :D


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    #8
    wench
    Registered Users Posts: 1,644 ✭✭✭wench


    Here is the prtb info on licencees.
    He could have requested to become a tenant at any point in the last two years, but as he didn't his rights end when the main tenant moves out.

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


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