Licensee or Tenant

RickyBobby1

Hey guys,

I am trying to figure out if my housemate is a licensee or a tenant. I was speaking to threshold and they informed me that because I got her in to replace a tenant that left previously that makes me the head tenant and she is then the licensee.
I don't believe this is correct as we are both on the tenancy agreement contract and registered with rtb.
Threshold said that does not matter as I toke her in.
I'm a bit confused by it all.

Would anyone be able to advise?

Salary Negotiator

Did you all sign a new lease when the new housemate moved in?

dennyk

If the landlord has added her to the current tenancy agreement, then she's a tenant, even if you were the one who found her and brought her in originally, rather than the landlord.

If the landlord hasn't added her to the current tenancy agreement (you can't just unilaterally add her name yourself; the landlord would have to agree), then she'd be a licensee under your tenancy. However, as your licensee she can request to become an official tenant and the landlord cannot unreasonably refuse that request. See this RTB page for an example. Once that has been done, she is a tenant, and would acquire Part 4 rights as of six months after the date she moved in as your licensee, provided you don't terminate your own tenancy before that time.

RickyBobby1

Salary Negotiator wrote: »

Did you all sign a new lease when the new housemate moved in?

Yeah we did but after the rent increased she has not signed the new lease so im not sure where that leaves her position in the house

RickyBobby1

dennyk wrote: »

If the landlord has added her to the current tenancy agreement, then she's a tenant, even if you were the one who found her and brought her in originally, rather than the landlord.

If the landlord hasn't added her to the current tenancy agreement (you can't just unilaterally add her name yourself; the landlord would have to agree), then she'd be a licensee under your tenancy. However, as your licensee she can request to become an official tenant and the landlord cannot unreasonably refuse that request. See this RTB page for an example. Once that has been done, she is a tenant, and would acquire Part 4 rights as of six months after the date she moved in as your licensee, provided you don't terminate your own tenancy before that time.

Yeah this is what i thoguht but the guy in threshold was adamant even though herr name is on the tenacy agreement and is registered under RTB she is still a licnesee.
The reason why we are checking it is because she is literally insane..coming back at 2 am doing drink,drugs etc in the house and being said to her multiple times but she just calms down for a few weeks then it starts again.
I tried videoing it but a guy went crazy when he caught me lol.
Mentioned it to the agency but there useless..jsut said nothing they can do without evidence.
In a desperate situation now and i am paying a very good price for rent..still looked for other places to move but nothing in my price range or impossible to even get a viewing.

the_syco

RickyBobby1 wrote: »

the guy in threshold was adamant even though herr name is on the tenacy agreement and is registered under RTB she is still a licnesee.

Take what Threshold say with a pinch of salt; should sh|t go bad, it's your ass on the line, not theirs.

If she pays you the rent, she's a licensee. If she pays the landlord rent, she's a tenant. If she's not paying the increase, ask the LL to have her evicted.