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Notice given to licensee who refused to do notice

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24

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    #32
    Black_Knight
    Moderators Posts: 12,375 ✭✭✭✭Black_Knight


    Is she not breaking any agreement by only paying weekly? Even so, assuming she has a move out date of Friday, and rent only paid up to Friday (or Thursday as you mentioned she's not paying for Friday). Once that rental payment period is over she's breaking the agreement once again by not paying for Friday night/Saturday.
    Lots of stuff stacked in your favour OP, but you need to grow a pair, bite the bullet and man up about this. You're being taken for a ride, but you provided the saddle. If she's not out by Friday, change the locks, black bag her stuff and give her a couple of days to collect before you head to the dump - pity you've only €90 to cover this.


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    #33
    Elto78
    Registered Users Posts: 36 ✭Elto78


    well she is indeed
    I gave her notice of 1 month when I asked her to move out and license agreement clearly state monthly payment to be paid on 1st of each month
    therefore I respected the license agreement
    but she was totally refusing it and did not provide the monthly rent or nor wants to comply with the month notice. and she wanted to pay weekly
    she wanted out so she is out and I gladly provided her with out this week.
    which now causes her an issue as she still has not found any accommodation and is avoiding me.
    as I had enough to back up all the time I told her ok then you leave on 11th
    at this stage I have enough to accommodate someone who clearly does not care and always wants It her way
    if she finds an accommodation and moves out then it is me in the rush to find a new lodger but that she does not care
    why would I always accommodate her who always wants her way and I have to always back down
    she wanted out this week she has out this week and I will not change my mind

    I feel bad as she did not find a room yet
    but then they are plenty rooms around maybe she does not want to pay the amount asked by other landlords or does not like the rooms I don't know. and not my problem
    she did not want to serve the notice or pay the monthly rent so definitely out
    all cannot be her way all the time


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    #34
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    Elto78 wrote:
    I feel bad as she did not find a room yet but then they are plenty rooms around maybe she does not want to pay the amount asked by other landlords or does not like the rooms I don't know. and not my problem she did not want to serve the notice or pay the monthly rent so definitely out all cannot be her way all the time


    What if she offers to pay another weeks rent on Friday to allow her more time to find a new room, will you accept?


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    #35
    Elto78
    Registered Users Posts: 36 ✭Elto78


    No
    I asked her to leave for a few reasons
    I was nice and once again she barked at my face and her tone was aggressive that day
    so no I would not
    she probably could learn from it
    when you are aggressive with people to have your way as they'd back down and you get what you want
    she got it and not if it does not suit her too bad
    she will think twice next time before talking to people that way
    why would I be nice to someone who barks at my face???


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    #36
    AndyBoBandy
    Registered Users Posts: 15,417 ✭✭✭✭AndyBoBandy


    Elto78 wrote: »
    why would I be nice to someone who barks at my face???

    It seems you have already been nice to her giving her her deposit back!


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    #37
    heylin
    Registered Users Posts: 8 ✭heylin


    athtrasna wrote: »
    Never give a licensee an agreement in writing, she now has that to fall back on, the written agreement states one month notice. Even the new letter may not over ride this, you're on dodgy ground imo.

    Doesn't matter. A written agreement is not a contract / lease. A licensee is still a licensee. They have no rights whatsoever and can be asked to leave at any time without a reason. Once the owner withdraws the invitation for the licensee to stay in their property, then they a effectively trespassing.

    Elto78 is well within rights to simply change the barrell on the door and return her possessions to her.

    Hope it all works out.


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    #38
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Elto78 wrote: »
    why would I be nice to someone who barks at my face???
    From the below, she's probably assuming that she'll get her way.
    Elto78 wrote: »
    I went back home that day telling her it was the last time I lent her the deposit back as she s asked for that every month since first month she was in the door
    always something with her


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    #39
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    heylin wrote: »
    A written agreement is not a contract
    You think a contract is not a written agreement signed by both parties?


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    #40
    heylin
    Registered Users Posts: 8 ✭heylin


    the_syco wrote: »
    You think a contract is not a written agreement signed by both parties?

    You have taken what I said out of context.
    Contract might not have been the correct word. It is certainly not a lease and the licensee does not become a tenant just because a written agreement was put in place.


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    #41
    Elto78
    Registered Users Posts: 36 ✭Elto78


    AndyBoBandy wrote: »
    It seems you have already been nice to her giving her her deposit back!



    and it was not the first time I accommodated her with her request for loan on her deposit which btw she did not have on moving day and top it up by instalments. took me 4 months to have it and when I got it she asked for full amount for holidays
    so I think I have been nice and patient enough and not only on this point
    lock is changed anyway as I do not know whom she brought in day time in the flat for business???? and what is business????


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    #42
    Elto78
    Registered Users Posts: 36 ✭Elto78


    heylin wrote: »
    You have taken what I said out of context.
    Contract might not have been the correct word. It is certainly not a lease and the licensee does not become a tenant just because a written agreement was put in place.

    licence agreement is the correct legal term


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    #43
    Black_Knight
    Moderators Posts: 12,375 ✭✭✭✭Black_Knight


    Be strong OP. Sooner you're rid of her the better. She dug her own grave saying she would only pay by the week (and subsequently agreeing to leave by the 11th). Its not of your concern if she cannot find a new place. Live by the sword, die by the sword etc etc.


    PS: Dont disappoint us on Friday/Saturday :pac:


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    #44
    spaceHopper
    Registered Users Posts: 3,996 ✭✭✭spaceHopper


    Elto78 wrote: »



    lock is changed anyway as I do not know whom she brought in day time in the flat for business???? and what is business????

    Are you saying she is a hooker?


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    #45
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    heylin wrote: »
    You have taken what I said out of context.
    Contract might not have been the correct word. It is certainly not a lease and the licensee does not become a tenant just because a written agreement was put in place.
    Call it what you will, but giving a licensee a piece of paper with rules gives her nothing, but if the OP and licensee both signed it, it may give them more rights than what they would have had without it. Regarding the months notice, the licensee could say that they never got it, and the OP may find it hard to prove that they did.

    Either way, next time the OP gives them a list of rules. Break them, and get rid of them.


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    #46
    Elto78
    Registered Users Posts: 36 ✭Elto78


    spaceHopper wrote: »
    Are you saying she is a hooker?

    No
    all i know she implied i had to leave the flat one day when i was off on a friday as she had a visitor and it was for business
    phone rang and she gave the address of the flat. she did not seem to know the person so if she does not know the person i d rather she does not bring people she does not know in as i have my things in there too :)
    and as i work day time i would not know how many times she brought strangers to the flat
    now could be she borrowed money or anything else i dont know but no she s defo not what you said


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    #47
    Elto78
    Registered Users Posts: 36 ✭Elto78


    the_syco wrote: »
    Call it what you will, but giving a licensee a piece of paper with rules gives her nothing, but if the OP and licensee both signed it, it may give them more rights than what they would have had without it. Regarding the months notice, the licensee could say that they never got it, and the OP may find it hard to prove that they did.

    Either way, next time the OP gives them a list of rules. Break them, and get rid of them.

    i gave her a termination of licence which states she refused to do the notice and pay for the month which is a breach of licence
    in my licence i stated any breach will result in immediate leave
    so i am covered.


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    #48
    Black_Knight
    Moderators Posts: 12,375 ✭✭✭✭Black_Knight


    Elto78 wrote: »
    i gave her a termination of licence which states she refused to do the notice and pay for the month which is a breach of licence
    in my licence i stated any breach will result in immediate leave
    so i am covered in glory.

    You stopped short there.


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    #49
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    Any signs of her packing her bags yet I wonder.


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    #50
    Elto78
    Registered Users Posts: 36 ✭Elto78


    ComfortKid wrote: »
    Any signs of her packing her bags yet I wonder.

    Well some stuff are gone from the kitchen
    but then I have not heard any packing when I was home or seen her move out any bags
    too busy having a visitor yesterday and then watching movies on internet
    I got a new lock last night anyway


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    #51
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    Elto78 wrote:
    Well some stuff are gone from the kitchen but then I have not heard any packing when I was home or seen her move out any bags too busy having a visitor yesterday and then watching movies on internet I got a new lock last night anyway


    Your Internet? I'd change codes on that if I is. Best of luck, I hope it goes smoothly.


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    #52
    Elto78
    Registered Users Posts: 36 ✭Elto78


    yeah she shares the bills for internet so she can use it not a problem. :)
    we ll see tonight how it goes surprise :)


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    #53
    AndyBoBandy
    Registered Users Posts: 15,417 ✭✭✭✭AndyBoBandy


    Elto78 wrote: »
    yeah she shares the bills for internet so she can use it not a problem. :)
    we ll see tonight how it goes surprise :)

    fine if you pay in advance, if you pay after the service, do you think she'll be dropping back at the end of the month to hand over her a weeks worth of her share of the bill.

    midnight tonight, i'd be changing the wifi password...


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    #54
    Elto78
    Registered Users Posts: 36 ✭Elto78


    this one was paid upfront UPC always charge for month ahead :) so am good on this one


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    #55
    AndyBoBandy
    Registered Users Posts: 15,417 ✭✭✭✭AndyBoBandy


    change it anyway as from midnight tonight, she's no longer a tenant


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    #56
    Elto78
    Registered Users Posts: 36 ✭Elto78


    hopefully she will be out by that time heheh :)


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    #57
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    I'd be changing the password by 6pm or unplugging the router.


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    #58
    awec
    Administrators Posts: 53,845 Admin ✭✭✭✭✭awec


    I would be telling her a particular time you expect her to be gone by.

    If she's not at work today tell her she needs to be gone by 5 or 6. I would think that is more than fair.


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    #59
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Well this is keeping me entertained while I wait for my flight. Will check back later OP :)

    Couple of points: licencees need reasonable notice. OP is well covered in my lay opinion. Force would be very unwise, better to change the locks quietly.

    Reasonable is not defined in legislation so don't ask for links, feel free to browse BAILII.


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    #60
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    How are you getting on, op?


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    #61
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    She has until 9pm to be gone.

    Going by what the OP has been saying to us, I doubt this girl has any intention of leaving tonight.


This discussion has been closed.
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