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Part 4 tenant subletting to licensee housemate

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    #32
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Langston Microscopic Watt wrote: »
    Surely the LL can refuse on grounds he never permitted the person to move in and demand they vacate instantly.

    The tenant is supposed to tell tyhe landlord of anyone residing at the property so the landlord should know when a licensee has moved in.


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    #33
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    mrslancaster wrote: »

    where does it say that a tenant has to agree or accept any change in their tenancy? The only place that mentions a licencee changing to a full tenant is in chapter 6 which is about multiple tenancies.

    How can a landlord change the terms of a tenancy agreement if the tenant does not agree to it? If a LL can't unreasonably refuse to accept a licencee after 6 months it makes no sense for any tenant to have a tenancy agreement.

    Tenants have rights and as has been pointed out on numerous times in this forum, they are entitled to peaceful enjoyment of their home. If they decide to have a guest/lodger staying that is up to them but if the LL tries to impose additional tenants or compel the tenant to accept such a change then they must be breaching the tenants rights as it is a fundamental change to the agreement.

    I would be on to the RTB immediately for breach of LL obligations.

    If a tenant brings in a guest or lodger they have to inform the LL. That is a statutory requirement. It may also be required under a lease. If the tenant does bring in a lodger then the tenant has to accept the consequences. It may be a different situation if a landlord tries to impose an additional or new tenant. This thread is about the former situation.


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    #34
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    4ensic15 wrote: »
    The tenant is supposed to tell tyhe landlord of anyone residing at the property so the landlord should know when a licensee has moved in.

    But in many cases they don’t tell the LL.


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    #35
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    That sounds like it would be a breach of tenant obligations which has its own process.


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    #36
    mrslancaster
    Registered Users Posts: 1,814 ✭✭✭mrslancaster


    4ensic15 wrote: »
    If a tenant brings in a guest or lodger they have to inform the LL. That is a statutory requirement. It may also be required under a lease. If the tenant does bring in a lodger then the tenant has to accept the consequences. It may be a different situation if a landlord tries to impose an additional or new tenant. This thread is about the former situation.

    Thanks for the info 4ensic.


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    #37
    Fian
    Registered Users Posts: 2,192 ✭✭✭Fian


    The interesting thing is - when they become a part IV tenant who do they pay the rent to? The landlord (rather than the subletting tenant) would be the obvious answer, since their new part IV tenancy to the landlord is the basis on which they are entitled to reside there.


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    #38
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Fian wrote: »
    The interesting thing is - when they become a part IV tenant who do they pay the rent to? The landlord (rather than the subletting tenant) would be the obvious answer, since their new part IV tenancy to the landlord is the basis on which they are entitled to reside there.

    It would depend on the way the original lease specified the means of payment of rent. In some leases the landlord specifies that there is to be a single payment from the property and it is up to the tenants to gather the money between them and transfer it.


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