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Tenants want to stay another 1-2 months?

pilly · 2017-02-15 16:09:45

Hi All, Okay, I have 3 tenants currently in my house in Dublin, it was a six month lease, due to expire 17th March. They are foreign students. That was the reason for the 6 month lease and also because it suited me. They've just text me to ask if they can stay another 1-2 months. Now, I've 2 dilemmas: 1. My son is…

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#32 16-02-2017 8:59pm
4ensic15

Banned (with Prison Access) Posts: 4,691 ✭✭✭

Join Date: September 2015

Posts: 4667

newacc2015 wrote: »

Yes, writing "Licence" on the top of a piece of paper does not create a licence. Seeing that the main difference between a tenancy agreement and license agreement is based around 'exclusive use'. When someone signs a license agreement and loses exclusive use of the property ie the monthly cleaner, they do not have a bona fide tenancy arrangement anymore. A monthly cleaner means they lost exclusive use

The RTB will look at the reality, which is these occupiers no longer had 'exclusive use' and therefore aren't tenants. You are more than welcome to show cases where this strategy is wrong.

A cleaner coming in once a month to carry out cleaning does not mean there is no exclusive use. The RTB have time and again found against artificial attempts to create a licence. exclusive possession at a rent are the badges of a tenancy, but the RTB have interpreted exclusive use as being exclusive against other persons given a right to reside on the premises.

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