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Does a tenant have the right to let a friend stay over?
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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?
Wouldn't have even dawned on me until I read this thread and, knowing them as I do, I'm sure it wouldn't have dawned on my landlords either. My home, I can have who I like in it as long as I pay my rent and I'm not in breach of the law or the lease.
I remember now the time I had a friend stay with me for a few weeks because she was moving back from abroad and looking for a new place. Different landlord, her daughter in the flat next door ... again, no problem at all.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.
He did know. He had more information than most landlords would about who is staying in his property and he still lost the rag ... ringing the tenant on holidays, unbelievable!
Do landlords really expect to know who is in the property they're renting at all times and for how long? Is illegal sub-letting really that big of an issue that landlords need to be constantly on the watch for it?
I've seen a lot of landlord bashing and never participated because I've no experience of dodgy landlords like this guy ... but maybe I HAVE been lucky.
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You might be sorry you asked, TMI in 5,..4..3..2...1Dublinstiofán wrote: »Quick one for the OP.
I agree that your well within your rights to be in the apartment. But why did you cousin want you to house sit for her at all?
Is she really that afraid that something will happen to the house while she is away for a single weekend?
Also you mention she was "doing you" a favour above. What favour is she doing you exactly? Putting you in a position where
you have to deal with this lunatic for the weekend?
She wasn't worried about the flat, she offered to let me use it because of my situation. It was all for my benefit, any side benefits of having someone in the place were just a bonus.
The background is this: I ended up being unable to work because of my disability. Consequently I lost my flat because the rent was higher than the ceiling for rent allowance. (incidentally I left on very good terms with my landlord who was a very lovely man) I had two options, move back to my mother's house or live on the street. Now for most people, going back to Mammy is a bit of an indignity, it's not ideal but it's not that awful.
The problem is my mum and I have never really got on, ever since I was two she's been what you might call emotionally abusive. I'm not trying to demonise her. She had an awful upbringing and she's doing her best. But she has some emotional issues of her own, random mood swings, a tendency to lose her temper over the most ridiculous things, and various other issues that I don't have time to go into.
The point is that living with her is sometimes very difficult, and takes a toll on my emotional health. The stress doesn't help with my disability either.
My cousin has a better relationship with her parents, but when she came home from living abroad she had to move in with them, and she stayed there while she retrained in a new field. Moving into her own place was a huge improvement in her life as she really wanted more independence. This is the first time she's had place she didn't have to share with anyone, and she's really loving it, which btw is partly why she's so reluctant to have any bad vibes with the LL. A friend of hers has a house in Bray and she once housesat for her for a week. She found it wonderful just to have a bit of space to herself, even for a short time; she rightly guessed that given my situation and the fact that I'd spent nine years living alone and loving it, I would also benefit from having a place to myself for a few days.
Also from a practical point of view: The flat is in Rathmines, where I had lived for nine years. My mother's house is further out in the suburbs and my cousins parents live around the corner. So we were both in a position to compare living in Rathmines with living in this suburb and we both really appreciated the benefits of Rathmines: being within walking distance of the city centre, being able to nip to the Spar at 1am because you have a sudden craving for a bag of Tayto, and - this is a big one for both of us - the abundance of charity shops. I once found a pair of 100% silk pyjamas, never worn, in the SVDP in Rathmines. Having searched for the "perfect" pair of jeans for months, my cousin finally happened on a pair in the same shop that fit her perfectly. So we are both devoted rummagers.:)
In my case particularly, the easier access to town was an even bigger deal. My disability means that going to town from my mums house is a bit of a trial. I have to stand around waiting for a bus (painful) and then sit on the bus all the way to town (more painful). Walking to town and back to Rathmines is not only not painful, but has a positive effect on my condition. I have things to do in town this week and being based in Rathmines would have really helped.
As for the fool next door, my cousin had no idea he had this aggressive side. She didn't know she was going to be putting me in that situation. I think she knew he had some kind of mental health issues, but she has a background in psychology and is well aware, as am I, that having mental health issues doesn't automatically mean a person is aggressive, or potentially violent. I get the sense from how she's talked about him that he's actually been overly nice in their interactions.
Alles klar?
ETA: So yeah, "content at home".....not so much. Let me put it this way, the main difference between me and the first Mrs Rochester is that her attic had heating. (Okay probably not the greatest thing to bring up since she did burn the house down, but you get my meaning)
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Grandpa Hassan wrote: »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.
You see the problem you appear to have is you, much like the landlord/landlord's son, are presuming and by extension probably assuming.
You know what they say about assuming ?Grandpa Hassan wrote: »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.
So if the OP had told you she was staying over for a few days while cousin (tenant) was away you would phone the cousin (tenant) ?Grandpa Hassan wrote: »Moral of the story....tell your LL rather than him finding out for himself, especially if he / she is local
Yeah maybe anyone on the pull in Coppers should phone their landlords before hooking up with someone and bringing them home.
Better let them know especially if they are local.I am not allowed discuss …
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You see the problem you appear to have is you, much like the landlord/landlord's son, are presuming and by extension probably assuming.
You know what they say about assuming ?
So if the OP had told you she was staying over for a few days while cousin (tenant) was away you would phone the cousin (tenant) ?
Yeah maybe anyone on the pull in Coppers should phone their landlords before hooking up with someone and bringing them home.
Better let them know especially if they are local.
ugh....here we go again. You are just being deliberately facetious. I said right from the outset that a few days does not count as 'living' there, and that the LL in this case was completely out of order. I am sorry for the OP that she ran into such a d*ck.
But as a more general point, if I paid a visit to my property (after giving the requisite notice of course) and found someone else there, who said he / she was staying there while the tenant was 'on holiday', yes, I would get in touch with the tenant immediately. I put 'on holiday' in inverted commas because that, of course, is what anyone who is sub-letting would tell me.
I rent to my tenant, not to anyone else. Tenancy agreements do not allow anyone else to live at the property without the landlord's permission. I, like most, would take a reasonable approach for a few days or weeks. But what if it runs to 2 month, or 6 months? Where do you draw the line?
Or do you believe that if the tenant pays the rent on time, they should be able to have whoever living there that they want? Or rent the spare room without my knowledge?
As an aside, I rent in London now, and the agent requires me to inform them even if my girlfriend moves in to share with me. Without the LL's agreement, I am 'sharing possession' and am therefore in breach of my lease. Luckily my LL is fine with that situation, as I would be with my tenants in Ireland if they were in a similar situation. But a LL would be quite within their rights to deny it, or request references.
A tenant has the right to enjoy their home without interference from the LL. But the LL has the right to determine who 'lives' there. The only question is where the line is drawn between 'staying temporarily' which is fine, and 'living' which is not. Communication with the LL would avoid such confusion if someone is staying for a prolonged period (which again, just to re-iterate the point, is longer than the OP's 3 days!)0 -
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