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Does a tenant have the right to let a friend stay over?
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Op Sounds to me like crossed wires.
Firstly your cousin should have (although not necessarily) informed (not asked)the landlord that she was going to have some one house sit (look after the place)while she was away. Just out of common courtesy.
Next when you met the landlords son, you should've said that you were just looking after the place while your cousin was away. I suspect since you said you were "staying" there, he took this to mean living there and this is where the whole thing stems from...... and blown out of proportion. Of course the LL son was out of order in the way he behaved. I doubt ignoring him helped, but I can understand why you did.
your cousin sounds like she needs to learn to stand her ground where her rights are concerned. But I'm sure if she just explains the situation (not mentioning the guards at all) that you were house sitting while she was away to ensure that not damage came to the property or her possessions etc. It could defuse the whole situation and all will be well again (unless the LL is totally unreasonable). Apart from the falling out you two had, I doubt you'll do it again for her.0 -
There is zero obligation for a tenant to notify a landlord of someone house-sitting for a couple of days. None.
No, a couple of days should have been fine. But it might have avoided the misunderstanding and made everyone's life easier. And the parties to this little saga wouldnt be where they are now.
As a general point, I am a LL, having had to move with my work, and I would be concerned if I the tenant was away on holiday, someone else was staying, and I didn't know. I'd assume there was sub letting going on.
Even if you arent obligated to, a little communication can make the LL/tenant relationship better0 -
Grandpa Hassan wrote: »No, a couple of days should have been fine. But it might have avoided the misunderstanding and made everyone's life easier. And the parties to this little saga wouldnt be where they are now.
As a general point, I am a LL, having had to move with my work, and I would be concerned if I the tenant was away on holiday, someone else was staying, and I didn't know. I'd assume there was sub letting going on.
Even if you arent obligated to, a little communication can make the LL/tenant relationship better
This is basically how I see it. Not seek permission, but simply inform of the arrangement. Ordinarily I wouldnt bother (as the landlord almost certainly wouldnt know either way), but in this case the landlords agent is living next door, so there was always a danger of this mixup occuring. A knock on the next door and a two minute conversation to inform of the arrangement (Hi, dont be surprised if you see x in my apartment over the next couple of days, she is looking after the place while Im away for the week) and none of this would have occured. As I said, prevention is better than cure.0 -
Grandpa Hassan wrote: »No, a couple of days should have been fine. But it might have avoided the misunderstanding and made everyone's life easier. And the parties to this little saga wouldnt be where they are now.
As a general point, I am a LL, having had to move with my work, and I would be concerned if I the tenant was away on holiday, someone else was staying, and I didn't know. I'd assume there was sub letting going on.
Even if you arent obligated to, a little communication can make the LL/tenant relationship better
Seems fair enough in the case where the landlord would be so local.0 -
Did you think about giving Threshold a quick call? They give advice to tenants. The landlord's son/agent is acting completely over the top. I'm a landlord myself and tenants are indeed entitled to "quiet enjoyment" - ok yes if I saw a stranger in my apartment and there was no sign of the tenant I'd be a bit concerned - but I'd either pick up the phone to the tenant and ask what was going on or ask (not yell at) the 'stranger'. If this situation was explained to me I'd have no problem whatsoever with a friend staying over for a few days. Especially as you explained right up front what you were doing there and why...The main thing is - don't let get this in the way of your undouted friendship with your cousin! Don't let him do that to either of you!!
Thankyou, you're right, that is the important thing. I don't think this will cause any serious trouble between us - or at least I hope not. She was snippy on the phone with me, but I think it's just because she was stressed, which I can understand. I'm hoping that after she's calmed down a bit she'll realise that it isn't my fault and that I did what I could to avoid making things any worse..0 -
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OP, the landlord's son is out of order. It's up to your cousin to contact PRTB and/or Threshold but she seems like a quiet unconfrontational sort. Perhaps that's why the landlord rented the apartment to her in the first place.However, I don't think she should let it go. The more idiots like that are allowed to bully tenants the worse they will get. Years ago people fought and died in this country so tenants could have rights. Some tenants would go to the PRTB for a lot less. If your cousin is in a Part 4 tenancy there is very little the landlord can do.I wonder if the little scumbag wants to get rid of your cousin so he can let the apartment to one of his mates.
Hehe no, She hasn't been there all that long, a couple of months, so if one of his mates wanted a place I'm sure he would have just got his dad to rent it to them in the first place.0 -
starling, just leave when you can and forget about it, its your cousins problem now, it doesnt sound like she has any b@lls at all!!!
To be fair she is very brave in other areas of life and she's done things that would scare the pants off me, but she has social anxiety and really really hates confrontation even when it's something trivial or she's never going to see the person again. She's very intelligent and has been seeing a counsellor and working on this issue, she has made a lot of progress but in this case the stakes are pretty high for her because she spent a lot of time looking for an affordable flat that wasn't a complete sh1thole.
It can be very hard to find a decent flat especially in the lower end of the market; she's on the dole because she just finished a college course and hasn't found a job yet, which limits her even more. Aside from the money issue a lot of landlords won't even rent to someone who isn't in full time work. So she feels it's worth putting up with a lot to avoid having to start looking for a flat all over again, and I can understand where she's coming from.0 -
Well, given the previous history the OP mentioned regarding the property
I think it would have made sense to inform the landlord. That may have prevented this, they may be up in arms as they are unaware and suddenly see or hear (if its right beside?) someone at the property when they know the Tenant is not around.The RTA says a person can have guests and Im not going to look at it in detail to see what it says, I dont have the time.
But I suspect the meaning of that is have guests to stay when you are present, not allow people to stay when you are not present, but more so if the tenant is specifically gone on holiday/away. In that circumstance the tenant would have to give a key/s to some other person, that the landlord has not entered into an agreement to allow access the property.Lets just say if I was renting with someone else (as I have done in the past), (I know its seems the tenant in this case rents on their own) Id be a bit suprised if a fellow tenant went on a holiday and allowed someone to stay in their absence, especially if they never told me about it and the first I know of it is bumping into them in the place.thing is tenants and landlords have rights and obligations, they cant just do as they please. That'd be like saying its the tenants home, the tenant can start knocking walls down or redecorating
or the landlord could let themself in when the tenant isnt there, or midway through dinner.
You'd be surprised how many landlords think they can let themselves in when the tenant isn't there.:(0 -
Unfortunately she's not there that long and it's a weekly tenancy so she doesn't have quite as much protection;
Assuming it's not a curious take on the rent-a-room scheme (which by the sounds of it it doesn't), is that scenario even legal? What are a tenants rights with regards notice to vacate inside the six-month Part IV tenancy acquisition window when not in receipt of a lease? Barring any extreme anti-social behaviour, etc.0 -
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Absolutely disgusted at what has happened. I'm sure the LL will have no problem taking the rent from your cousin when she wasn't there but won't let her get any use from it!
Hopefully she will contact Threshold and follow up with the Gardai. Unfortunately she can't change the locks without giving the LL a copy but I would definitely tell her to go to the Gards and make a harassment complaint.0 -
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I dont have time to peruse the act but it would be a common sense to inform them they would be away and a common courtesy to let them know they intended someone to house sit, the tenants failure to do this
may have led the landlord to believe this was going on for much longer.
I know "common sense" has a different meaning for different people, but given the fact that it was 3 nights I'm not sure I agree that common sense would dictate telling the LL anything. No-one could have reasonably foreseen the son's objection.How do we know the landlord knows how long this is going on?0 -
Next when you met the landlords son, you should've said that you were just looking after the place while your cousin was away. I suspect since you said you were "staying" there, he took this to mean living there and this is where the whole thing stems from......I doubt ignoring him helped, but I can understand why you did.
In any case I really didn't have any other option. The first thing you have to consider is your own safety; unfortunately this is what life is like for women. It may sound like I'm exaggerating but here's me, a disabled woman, in an isolated place, where a man I don't know, who is clearly not 100%, is suddenly being aggressive towards me for no good reason. Of course I'm going to put a locked door between us. Besides which I knew that any further discussion was going to make him angrier, because once someone like that (a bully I mean) gets started, they'll often keep going and wind themselves up even more, without you even saying a word. I once had a boss who used to keep going until he was literally purple.Okay
your cousin sounds like she needs to learn to stand her ground where her rights are concerned. But I'm sure if she just explains the situation (not mentioning the guards at all) that you were house sitting while she was away to ensure that not damage came to the property or her possessions etc. It could defuse the whole situation and all will be well again (unless the LL is totally unreasonable). Apart from the falling out you two had, I doubt you'll do it again for her.
She ought to stand her ground, but in this case she won't. She'll apologise and act like she's in the wrong for the sake of keeping the flat, and while I think that's a bad idea for various reasons, it's up to her. I don't think the LL will actually kick her out over this, because she'll be so apologetic and he'll know he can push her around, but then again I didn't think his son was going to have a problem with me being there, so who knows? As for me I'll never set foot in the place again.0 -
Grandpa Hassan wrote: »No, a couple of days should have been fine. But it might have avoided the misunderstanding and made everyone's life easier. And the parties to this little saga wouldnt be where they are now.Grandpa Hassan wrote: »As a general point, I am a LL, having had to move with my work, and I would be concerned if I the tenant was away on holiday, someone else was staying, and I didn't know. I'd assume there was sub letting going on.0
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fasttalkerchat wrote: »Absolutely disgusted at what has happened. I'm sure the LL will have no problem taking the rent from your cousin when she wasn't there but won't let her get any use from it!fasttalkerchat wrote: »Hopefully she will contact Threshold and follow up with the Gardai. Unfortunately she can't change the locks without giving the LL a copy but I would definitely tell her to go to the Gards and make a harassment complaint.
*that ended up being so long it probably doesn't need to be hyphenated but I'm buggered if I'm going back to delete them all now0 -
Assuming it's not a curious take on the rent-a-room scheme (which by the sounds of it it doesn't), is that scenario even legal? What are a tenants rights with regards notice to vacate inside the six-month Part IV tenancy acquisition window when not in receipt of a lease? Barring any extreme anti-social behaviour, etc.
I'm not sure how long she's been there but it's definitely less than six months, so apparently her landlord can ask her to leave during the six months without giving a reason, and he has to give her 28 days notice or 7 days in the case of extreme anti-social behaviour. I'm going by this http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html
but it says it was last updated in 2010, so I suppose it's possible it could be out of date. I would definitely try to get it confirmed eg. by checking it with Threshold or the PRTB if I were in a situation of needing to know.
Personally thanks to my disability & consequent lack of money I'm stuck at home with my mother, who is the worst landlady on the planet, but that's a whole different subject0 -
I was once offered a tenancy where I would have had to sign away any rights, I declined.
Speaking of which, while looking into this further I stumbled on this
"Leases or other tenancy agreements cannot take away from your rights under the Residential Tenancies Act 2004, but you and your landlord can agree on matters that are not dealt with in the Act."
(http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html)
and this
"a lease cannot contain terms that contradict the legal rights of tenants and landlords. If this happens, your legal rights as a landlord or tenant supersede the terms in the lease. For example, landlords cannot enter the property at any time without seeking your permission. This is the case even where their right to enter the property at any time is stated in your lease."
(http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html)
I hadn't known that before, and I'm betting a lot of people don't.
(though in the case you're talking about, you were probably just as well turning it down, because what are the chances of that landlord not being a total dick?)0 -
fasttalkerchat wrote: »Can a tenant not give a copy of the key to a friend? As long as they keep the original locks and have paid for the copy themselves, I don't see how that could be an issue.
Not only not an issue but I'd say an extremely sensible thing to do. What if the tenant accidentally lock themselves out and the cooker is on or something? In that case you don't want them waiting for the landlord to travel to them with a spare, or waiting for a locksmith to show up. They're going to have to break in or risk a fire.
Plus the whole medical emergency thing I was talking about. I'm sure there are other instances where a landlord might be glad the tenant had the sense to give a copy of the key to a trusted friend.
I once lived across the road from a landlady and locked myself out. I had to get her to open the door for me and she was well pissed off at having to come all that way. She told me I should get a spare cut and hide it somewhere.0 -
Not only not an issue but I'd say an extremely sensible thing to do. What if the tenant accidentally lock themselves out and the cooker is on or something? In that case you don't want them waiting for the landlord to travel to them with a spare, or waiting for a locksmith to show up. They're going to have to break in or risk a fire.
Plus the whole medical emergency thing I was talking about. I'm sure there are other instances where a landlord might be glad the tenant had the sense to give a copy of the key to a trusted friend.
I once lived across the road from a landlady and locked myself out. I had to get her to open the door for me and she was well pissed off at having to come all that way. She told me I should get a spare cut and hide it somewhere.
I've only just read through the whole thread and am totally disgusted at the treatment you got. You've gone through and posted all the legalities relating to guests staying and have to agree 100% that the LLs son acted like a complete twonk!
I used to rent an apartment and my girlfriend at the time used to have a key for my place. As we worked totally different hours and lived a long distance apart, she was able to let herself in. Was also sharing with another tenant - he didn't care in the least that she was there. In fact, he was happy that there was someone there at the weekends when he went home and I was working late. Mind you, I told the building manager all about it and that I was also giving a key to my parents just in case. Again, he was happy enough with the situation.
Chin up Starling - there are strange and twisted people in the world and you were unlucky to find one of the more twisted ones. Hope that this whole thing hasn't totally soured your relationship with your cousin......who really needs to grow a pair of balls - difficult as she's a woman lol.
Hope that when you are leaving, you see the son and land a decent shot to his nuts.......joking But would be nice to see lol.0 -
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I think the LL is entirely out of order here, the OP wasn't subletting or living there so there is no breach of the RTA. Possibly the rental agreement is different but there is no indication of that.
Unless this a room in a rented house this is exceptionally unreasonable behaviour by the LL and his son throughout, there are times when Ts should stand up to LLs and this is one of them.0 -
valleyoftheunos wrote: »I think the LL is entirely out of order here, the OP wasn't subletting or living there so there is no breach of the RTA. Possibly the rental agreement is different but there is no indication of that.
Unless this a room in a rented house this is exceptionally unreasonable behaviour by the LL and his son throughout, there are times when Ts should stand up to LLs and this is one of them.
OK. The LL sounds like a nut. And is bankg out of order. But the fact is that you cannot share possession without getting permission from the LL. No-one else can go and live at the property without the LL's knowledge. That is standard in any lease.
In this case, a 2 day stay is clearly not 'living' at the property, or sharing possession. The tenant and the guest know that, but how does the LL? Sure, the LL was way too agressive, but how does the LL know that the place hasn't been sublet without his knowledge.
A LL living away from the property would never know, unless it had been going on for a long time, but in this case, with the LL's agent living next door, it would make sense to mention it. A bit of communication would have solved the problem/
All the LL knows is that someone he doesn't know is staying in the property, and the tenant who signed the lease is on 'holiday'. Put yourself in the LL's shoes for a minute
I am a LL. It is my house. I have agreed who can live there. And if it appears to me that anyone else is living there as well (or instead of) the named tenant, I would be concerned, and would challenge the tenant (albeit in a much more constructive way than this LL did). If it is clear that someone else has moved in, I would request references, credit searches, and would add their name to the lease. If they do not want to do that, or they fail the references but stay anyway, the tenant is in breach and I would serve an eviction notice.
But would do it all by the book, and would approach it in a constructive manner, and ask the tenant nicely what the situation was0 -
Grandpa Hassan wrote: »OK. The LL sounds like a nut. And is bankg out of order. But the fact is that you cannot share possession without getting permission from the LL. No-one else can go and live at the property without the LL's knowledge. That is standard in any lease.
In this case, a 2 day stay is clearly not 'living' at the property, or sharing possession. The tenant and the guest know that, but how does the LL? Sure, the LL was way too agressive, but how does the LL know that the place hasn't been sublet without his knowledge.
A LL living away from the property would never know, unless it had been going on for a long time, but in this case, with the LL's agent living next door, it would make sense to mention it. A bit of communication would have solved the problem/
All the LL knows is that someone he doesn't know is staying in the property, and the tenant who signed the lease is on 'holiday'. Put yourself in the LL's shoes for a minute
I am a LL. It is my house. I have agreed who can live there. And if it appears to me that anyone else is living there as well (or instead of) the named tenant, I would be concerned, and would challenge the tenant (albeit in a much more constructive way than this LL did). If it is clear that someone else has moved in, I would request references, credit searches, and would add their name to the lease. If they do not want to do that, or they fail the references but stay anyway, the tenant is in breach and I would serve an eviction notice.
But would do it all by the book, and would approach it in a constructive manner, and ask the tenant nicely what the situation was
I don't think there is any need to inform the LL of the OPs plans. Having said that there was communication, the OP told the LL's son she would be leaving on Wednesday, their behaviour after that beggar's belief frankly. LLS like the one described give lie to the popularly held belief that all LLs are cheats, unreasonable not to be trusted and out to shaft the Tenant. Something you I both know isn't true.0 -
Hey I'd really appreciate some advice here.
My cousin is renting a flat; I live at home cause I'm disabled. My cousin went away for the weekend, and offered to let me "housesit" ie just stay in her flat for three nights while she's gone.
Her next-door neighbour is the landlord's son, and i met him, and introduced myself.
He threw a mickey fit and said I had no right to be there, that my cousin legally had to ask his permission if she wanted to let a guest stay in her flat, and told me to feck off.Grandpa Hassan wrote: »But the fact is that you cannot share possession without getting permission from the LL. No-one else can go and live at the property without the LL's knowledge. That is standard in any lease.
But what has that got to do with this thread. The OP clearly explained that she was a guest for three nights. There is no "shared possession". The landlord's son is referring to the RTA, not a lease.
Whatever about the nutcase the OP's cousin is living next to, I'm more surprised at the number of people who ... in the cold light of day, disconnected from the situation ... think he has a point and can still make excuses for him.
I live next door to my landlord and they would never, ever have a problem with someone house-sitting while I was away. If anything they see the sense in not leaving the property vacant for a few days if avoidable.0 -
LittleBook wrote: »I live next door to my landlord and they would never, ever have a problem with someone house-sitting while I was away. If anything they see the sense in not leaving the property vacant for a few days if avoidable.
Would you think to mention it to your landlord that there will be a stranger in your house in your absence, or would you let them find out for themselves?0 -
LittleBook wrote: »But what has that got to do with this thread. The OP clearly explained that she was a guest for three nights. There is no "shared possession". The landlord's son is referring to the RTA, not a lease.
Whatever about the nutcase the OP's cousin is living next to, I'm more surprised at the number of people who ... in the cold light of day, disconnected from the situation ... think he has a point and can still make excuses for him.
I live next door to my landlord and they would never, ever have a problem with someone house-sitting while I was away. If anything they see the sense in not leaving the property vacant for a few days if avoidable.
Because the LL didn't know. All he knew was that there was a stranger in the house and was told that the tenant was 'on holiday'. Could have been there for a day, could have been there for a month, for all the LL knew.
The response was disproportionate, I agree. You have a sensible LL....but what if you weren't there for a month? Your LL would be quite within his rights to find you in breach of your tenancy agreement.0 -
Grandpa Hassan wrote: »Because the LL didn't know.
If the landlord suspects you have breached the tenancy agreement by assigning or subletting or having someone not on the lease living there they can go through the PRTB process. That has nothing to do with this thread.0 -
Grandpa Hassan wrote: »Because the LL didn't know. All he knew was that there was a stranger in the house and was told that the tenant was 'on holiday'. Could have been there for a day, could have been there for a month, for all the LL knew.
The response was disproportionate, I agree. You have a sensible LL....but what if you weren't there for a month? Your LL would be quite within his rights to find you in breach of your tenancy agreement.
But didn't the OP tell the landlord's agent, i.e. the spanner of a son, when she saw him.
And staying over for three days is not living there.
All thre landlord or son had to do was check after the three days or after a week to allow some leeway.
If the person was still there then they could have a bit of a rant.
You are trying to equate the situation with someone being discovered living there for over a month.
You are trying to equate someone quiet canditly telling the landlord (or their agent) that they were staying over a few days "housesitting so to speak" with someone being caugh or discovered living in a place after a month.
With your attitude it could lead one to believe you would have acted similarly to the landlord's son.
BTW are you a landlord ?
About the only point in your post that makes senses is the word "disproportionate".I am not allowed discuss …
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But didn't the OP tell the landlord's agent, i.e. the spanner of a son, when she saw him.
And staying over for three days is not living there.
All thre landlord or son had to do was check after the three days or after a week to allow some leeway.
If the person was still there then they could have a bit of a rant.
You are trying to equate the situation with someone being discovered living there for over a month.
You are trying to equate someone quiet canditly telling the landlord (or their agent) that they were staying over a few days "housesitting so to speak" with someone being caugh or discovered living in a place after a month.
With your attitude it could lead one to believe you would have acted similarly to the landlord's son.
BTW are you a landlord ?
About the only point in your post that makes senses is the word "disproportionate".
Yes, I am a LL, and I have clearly said what I would do in this situation in a previous post.
The LL in this case only knew as the OP had met the LL's son, presumably randonly outside the house one day. So how was the LL supposed to know it was a 3 day house-sit.
All the LL knows is that there is someone else staying in the house, and the tenant is 'on holiday'. How does he know how long it has been for?
The LL in this case overreacted, I agree, given that he subsequently found out that is was for 3 days. I would have tried to get hold of the tenant as soon as possible to clarify the situation.
Moral of the story....tell your LL rather than him finding out for himself, especially if he / she is local0 -
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you can stay as a guest, landlord or his son have no right in particular to meddle in your personal matter of staying in the premises as long as your friend is paying rent and keep all rental documentation abiding by the law and legalities. ask your friend to warn that neighbor and stop him meddling in your personal issue.0
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