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Query on Licensee's Rights

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  • 07-08-2015 7:48pm
    #1
    freefallin88
    Registered Users Posts: 3 ✭


    First off any help would be greatly appreciated on this matter. I'm currently living in a shared accommodation with four other full time working guys. One of the tenants residents <mod edit> is actually the landlord and he has been seeing his girlfriend for the last year, who had a very messy personal life.

    Due to those circumstances, he offered to let her move in with him, however he failed to inform any of the tenants residents <mod edit> at the property. The issues we have is that she has claimed she will not be paying for any bills or rent, which we see as an issue of course.

    Other issues such as leaving doors unlocked at night so she can get into the house (I don't know why he hasn't given her a key), excessive banging and screaming cause an untold amount of loss sleep, and she is very unhygienic.

    We know we probably don't have much of a leg to stand on here, but is there anything we can say legally to ensure that even front doors are locked at night? There isn't much security for the house as is, so this is a cause for concern.

    Many thanks,
    F


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    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If you live with the landlord you are a licensee not a tenant and as such have very few legal rights. You can have a conversation with your landlord about your concerns but if it goes wrong he can give you notice, he only has to give you "reasonable notice" which has no firm definition and could be as short as a few days.

    The bottom line is it's his house, he's not accountable to you and if he wants to move someone in and not charge them, that's his call.

    Sorry!


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    #3
    freefallin88
    Registered Users Posts: 3 ✭freefallin88


    Thanks for such a swift response, really appreciate it.

    Oh don't get me wrong, the main issue isn't about the girlfriend moving in, but more around the front door of the being purposely left unlocked so she can gain access to the house late at night (talking midnight onwards).

    I've a tenants agreement signed with him, does that help?

    Thank you so much for your help so far, it's greatly appreciated.

    Thanks,
    F


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    #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You shouldn't have a tenant's agreement as you're not a tenant.

    You can ask him to give her a key and/or to keep the door locked but you can't force a housemate, much less a landlord, to lock a door.


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    #5
    freefallin88
    Registered Users Posts: 3 ✭freefallin88


    Ok I'll have to look up the difference between a licencees and a tenant. Essentially he wasn't the landlord when I moved in, his mum was. He's only recently become the landlord since he's come of age to inherit the house so I was a tenant (I think?) for the last four years. Again I may be wrong here and may have been a licencee as you said.

    So you're saying that he can leave doors unlocked and there's nothing I can do? Wow that's a real let down. I thought there was a legality about procuring a safe environment, but I must be mistaken.

    You've shed a great deal of light on the matter, thank you. It's given me a good deal to think about whether I want to continue living here.

    Thanks
    F


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    #6
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    freefallin88 wrote:
    Ok I'll have to look up the difference between a licencees and a tenant. Essentially he wasn't the landlord when I moved in, his mum was. He's only recently become the landlord since he's come of age to inherit the house so I was a tenant (I think?) for the last four years. Again I may be wrong here and may have been a licencee as you said.


    That makes a difference. You were a tenant with all the rights per se so I don't see how you can become a licensee just because the landlords son moved in.


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    #7
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    jimmycrackcorm wrote: »
    That makes a difference. You were a tenant with all the rights per se so I don't see how you can become a licensee just because the landlords son moved in.

    It makes it complicated. Did the son live there throughout the 4 years. Who owned the house during that time, just because the mother collected rent and dealt with queries does not mean the house wasn't owned by the son. I have no idea what would be the implications if house was in trust for the son until he reached x age, is it still a licencee arrangement, and also if it was a tenancy, is that terminated and rights relinquished if there is an implied agreement that the LL moves in


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    #8
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    OP here's some advice - move out. You seem young, so find somewhere to live that's hassle free. You don't need to deal with her messy personal life.

    In the meantime, will one of you not just get a key cut and give it to her? Forget the legal niceties, leaving the door unlocked is plain madness,


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