Tenant wants to add tenant for X months

mauraf

Hi

My tenant contacted me last week, to allow a friend to move into the 'spare' room in the apartment, as his partner is currently on sick leave and together, they cant afford the rent. The 'new' tenant is being invited in to support the rent until his partner is back at work.

Not sure about this and the legal implications. Note - only a request at the moment, but thats not saying the wouldnt move this 3rd party in without me knowing!
Any advice re what to do appreciated!
Maura

Browney7

mauraf wrote: »

Hi

My tenant contacted me last week, to allow a friend to move into the 'spare' room in the apartment, as his partner is currently on sick leave and together, they cant afford the rent. The 'new' tenant is being invited in to support the rent until his partner is back at work.

Not sure about this and the legal implications. Note - only a request at the moment, but thats not saying the wouldnt move this 3rd party in without me knowing!
Any advice re what to do appreciated!
Maura

Well, they've been up front and told you and it's likely they'll fall into arrears and then in the eyes of the RTB or courts you'll be kicking a good tenant out who fell on hard times. That's the spin and optics anyway.

Can you give permission allowing the tenant to enter into a licensee agreement with an individual up to a certain date? I'm sure plenty people will flag any dangers with this approach. Awkward situation.

mauraf

Thanks Browney 7 - thats my concern to be honest.

They have been upfront to tell me they may struggle ( Note - they are currently paying circa 300e below the monthly average in the area in a RPZ)...so, if they default, and I try to move them out ( heartless thought I know!!) - where does that leave me in terms of a battle with them?
They wont be able to afford anywhere else in the area, given they cant afford my rent...Would the RTB mind them over me in that scenario, even though their contract states X payment at X date of the month.

However, if I do allow the 'additional' tenant in, do I issue a new contract for that person? ( does their '4' years start then??), Do I have to register them for PRTB?
We still have a mortgage on the place - so I cant afford not to have them paying the rent...

Anyone ever been in the same situation? Thanks for advice!

Mrs OBumble

Given the current housing shortage, its pretty selfish to say that a perfectly good bedroom must remain empty.

mauraf

Not sure where I mentioned a good room must remain empty...I am purely asking what I should do legally, in order to protect myself and my tenants...
My previous post mentions they are currently renting at way below the market rate...this was the same when they commenced their tenancy last year....before the current legislation was enforced...I have a mortgage to pay on the apartment, greed could have taken over, and I could be up 300e a month, but I chose morality over selfishness to allow them to rent below the market rate..

Not really sure why my original post alluded to me being selfish...but open to correction...

The_Conductor

Hi Mauraf-

I'd be very hesitant to formally give the friend moving into the other room rights of any nature. I'd be inclined to write a short but firm and fair letter back to the tenant along the lines of:

Dear Tenant,

Thankyou for your letter of (yesterday?) where you requested permission for your friend to stay over for a short period of time.

I am happy to accede to your request for your friend to stay over for a short period of time, not to exceed 5 calendar months in total, on the basis they are staying with you, as your guest, and are obliged to honor any obligations you have signed up to- as tenant, however, they are not entitled to any rights nor accrue any rights towards, those governing tenancy or licensee law.

Kind regards,

Your landlord

(the reason I said 5 calendar months- is you do not want them to come along saying I've been there for 6 months, therefore I'm a tenant and I'm entitled to Part IV rights under the Residential Tenancy Act).

This has to be a short term solution- if it goes over the 5 months- you're going to have to fight to restrict them being recognised as a formal tenant.

pilly

I think they're being above board in asking you. Don't see what the problem is to be honest.

If they default on the rent you could be a year getting them out so I'd be all for helping them.

Fol20

Mrs OBumble wrote: »

Given the current housing shortage, its pretty selfish to say that a perfectly good bedroom must remain empty.

Why is the onus on the ll to be selfish.. Its a business and he originally allowed x amount of people live in his property. If he doesnt want more people it is his prerogative.

Mrs OBumble

Mrs OBumble wrote: »

Given the current housing shortage, its pretty selfish to say that a perfectly good bedroom must remain empty.

It's not the ops job to sort solve the housing crisis.