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How much notice?

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  • 07-05-2017 10:20pm
    #1
    twilight_singer
    Closed Accounts Posts: 340 ✭✭


    I have recently inherited a property as my dad has passed away.
    There is currently a lodger in the house who was paying EUR 50 per week to stay in the house ( My Dad was a soft touch)
    The person currently living there has not tenancy agreement or rent book, I also have evidence that they stole from my Dad.
    What kind of notice do I need to give this person to move out?


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    #2
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    read up on part 4 tenancy.


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    #3
    jlm29
    Registered Users Posts: 3,818 ✭✭✭jlm29


    davindub wrote: »
    read up on part 4 tenancy.

    If they were a lodger, and the dad was living there, i don't think part 4 applies as it's a licensee agreement?


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    #4
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    jlm29 wrote: »
    If they were a lodger, and the dad was living there, i don't think part 4 applies as it's a licensee agreement?

    Yes that's true they were a licensee. But check it out anyway. If is has been more than 6 months since your dad passed and the rent is paying paid to someone other than the estate etc, you might be getting into part 4 territory, it shouldn't but it might.

    There are no minimum notice periods established but you would need to comply with the original contract. If none exists it should be reasonable.

    Also who is now the property owner, etc? It might be worth a solicitors consultation and deal with it promptly. There are a couple of other issues that might arise as well.


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    #5
    Qreq
    Registered Users Posts: 157 ✭✭Qreq


    Just confirming what has already been said regarding the vague guidance on giving notice to licencees:

    From RTB.ie
    Termination
    A tenancy can only be terminated in accordance with the Residential Tenancies Act 2004 and the valid terms of any lease agreement. A licence however can be revoked or terminated by the person who grants it provided reasonable notice is given to the licensee. Where a contractual licence exists however, the licence can only be revoked in accordance with the terms of the contract.
    (Emphasis added)


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    #6
    twilight_singer
    Closed Accounts Posts: 340 ✭✭twilight_singer


    no rent has been paid. The person refuses to engage with us. Seems to think they have a claim on the house. Property has been left to myself and sibling


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    #7
    C3PO
    Registered Users Posts: 3,760 ✭✭✭C3PO


    twilight_singer wrote: »
    no rent has been paid. The person refuses to engage with us. Seems to think they have a claim on the house. Property has been left to myself and sibling

    Go see a solicitor ... quickly!!


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    #8
    twilight_singer
    Closed Accounts Posts: 340 ✭✭twilight_singer


    C3PO wrote: »
    Go see a solicitor ... quickly!!

    Yeah, thought as much. Was hoping I could just give notice but don't want to do anything thats not legally enforceable. So will just go down the legal route.


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    #9
    twilight_singer
    Closed Accounts Posts: 340 ✭✭twilight_singer


    jlm29 wrote: »
    If they were a lodger, and the dad was living there, i don't think part 4 applies as it's a licensee agreement?

    Yes they were (are) a lodger. Not tenancy agreement, rent book or any kind of written agreement. Was paying 50 quid a week plus bills in a 3 bed. All bills in my dads name.


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    #10
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Almost certainly you can toss them out as a licensee but this will require legal advice about the particulars which is not allowed on boards so I'll have to close the thread. Hope you get the outcome you want OP.


This discussion has been closed.
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