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Any rights here?

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  • 30-05-2018 9:32pm
    #1
    henryforde80
    Closed Accounts Posts: 166 ✭✭


    A Friends current situation. Not mine

    He is Living in a house for two years where he pays rent to one of the other tenants and the other tenant transfers it on to the landlord. Other two people in the house do the same thing. The guy originally rented the house himself and pays the lump sum to the landlord. Landlord knows he is renting out rooms to others. (Bit of a strange situation).

    He asked the friend to move out as he needs the box room now as he has a friend moving to Dublin and wants to live with him. My Friend doesn't want to leave as gets on really well with the other two house mates, they go for pints, cinema, shows etc. together.

    Whats his situation here? Does he have to leave?


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    #2
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    What does your friends contract say and who is it with?


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    #3
    henryforde80
    Closed Accounts Posts: 166 ✭✭henryforde80


    He doesnt have a contract just moved in and paid the months deposit and months rent


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    #4
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    He maybe able to assert Part IV rights. Contact threshold.


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    #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    It looks like he is a licensee as he lives with his landlord. No rights!


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    #6
    badboyblast
    Registered Users Posts: 753 ✭✭✭badboyblast


    No contract then no rights , landlord should not have left people in his house unregistered, he could get in trouble for this


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    #7
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    badboyblast wrote: »
    No contract then no rights , landlord should not have left people in his house unregistered, he could get in trouble for this

    It is quite likely that the person collecting the rent is the tenant and the landlord has registered the tenancy.

    It sounds like the subsequent occupiers are licensees of that tenant.


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    #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Graham wrote: »
    It is quite likely that the person collecting the rent is the tenant and the landlord has registered the tenancy.

    It sounds like the subsequent occupiers are licensees of that tenant.

    Then that tenant is also the landlord as far as the subsequent occupiers are concerned. In the ACT the landlord is defined as the person entitled to the rent. The o/p is paying rent to a person who lives in the dwelling.


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    #9
    myshirt
    Registered Users Posts: 5,245 ✭✭✭myshirt


    He needs to move out.


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    #10
    Mrs OBumble
    Registered Users Posts: 25,950 ✭✭✭✭Mrs OBumble


    4ensic15 wrote: »
    Then that tenant is also the landlord as far as the subsequent occupiers are concerned. In the ACT the landlord is defined as the person entitled to the rent. The o/p is paying rent to a person who lives in the dwelling.

    Agreed. Which makes him a licensee.

    After six months in this situation he is entitled to ask for a tenancy but there is no requirement on the property owner to actually give him one. If he hasn't done so then he needs to move out bevause he's not entitled to stay.


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    #11
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Mrs OBumble wrote: »
    Agreed. Which makes him a licensee.

    After six months in this situation he is entitled to ask for a tenancy but there is no requirement on the property owner to actually give him one. If he hasn't done so then he needs to move out bevause he's not entitled to stay.

    That doesn't apply when he lives with his landlord, which he does. The ACT doesn't apply at all.


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    #12
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Yes he has no rights. Don’t ever be a licensee.


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