Query : Rules and rights of a room renter to owner occupier

RangeR

Hi,

A family member is having a bit of trouble with a room renter. This person just rents the room. The family member give access to the kitchen for meal preparation etc.

Don't want to get into the actual specifics as they don't really matter. Suffice it to say that the final straw was that they are only paying half rent this month and advised that the other half is taken from deposit. The Deposit isn't rent. It's to offset any potential damage when renter leaves. And there is damage.

Family member wants the renter out as they are now taking the hoolies. Renter is in since July 1 [ish] this year, if that has any bearing.

Renter has already been given notice that they are out at end of month. Only half month rent given. The renter is wanted out this Sunday [half month].

Yes, I know it's a bad time of year but that's the renters problem after what they put the house through.

What rights, if any does the renter have in the owner occupied house?

Kind Regards

djimi

If your family member is an owner occupier then the renter has no rights; they could kick them out today if they wanted to.

foggy_lad

The tenant is NOT a tenant but a licensee and does not have the same rights as a tenant.

Your family member can give as little notice as they want and can legally evict the person by locking them out and packing their belongings and putting them out on the street. usually at least 24hours notice is given.

RangeR

Cheers. We will be giving 48 to 72 hours notice.

mazza

I looked into this area myself only a few days ago in preparation to doing something under the Rent a Room scheme.

I'd be wary of complelling the tenant to move with no notice or extremely short notice, especially if you signed some kind of agreement on terms, giving a minimum notice period each way.

Read reference to a "reasonable" period of notice here: http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

Interpretation of "reasonable" is key and undefined, but worth bearing in mind.

(There are a couple of good pages on the Citizens Advice website covering Rent a Room).

Tricky situation - I'd treat carefully and your aim should be to try to manage them out somehow without further conflict, given your family has to live under the same roof as them currently.

Easier said than done - best of luck.

djimi

Reasonable notice in this instance means next to nothing (nothing quite like ambiguous Irish law...) The tenant is little more than a guest in your home; if you want them out because they arent paying their way then its not unreasonable to expect them gone the next day. If they are causing serious trouble then its not unreasonable to want them out more or less on the spot.

Reasonable notice is generally considered to be equal to the term of the rent (ie if the tenant pays weekly then a weeks notice). This is only really a guide though and has no legal bearing.

Im inclined to agree though; its probably best to manage the situation. These people know where you live after all, so the repercussions of a hostile eviction need to be considered.

RangeR

Management of the situation started a while ago which led to one months notice to vacate after renter failed to improve. Renter has since escalated by various means [including breaking all terms of stay, that were agreed "verbally" at the start]. Owner has been more than accommodating up until this point.

Renter will be gone this weekend. If renter wants to take it to the SCC, we will fight it vigorously.


Thanks All.

D1stant

djimi wrote: »

If your family member is an owner occupier then the renter has no rights; they could kick them out today if they wanted to.

Would that be the same for someone renting a Granny flat adjacent to the main property?

djimi

D1stant wrote: »

Would that be the same for someone renting a Granny flat adjacent to the main property?

Someone else will no doubt clarify but as far as I know granny flats are a bit different. Its got something to do with whether or not the flat has it own access and is independant from the main house I think.

The_Conductor

D1stant wrote: »

Would that be the same for someone renting a Granny flat adjacent to the main property?

Once they have exclusive use of the property- they are a tenant, and not a licensee.

If you have a specific query- open a new thread.

OP- closing this.