Changing lease names?

So I'm the lease holder on the house I am renting for nearly four years.
Hopefully I will buy a house this year.
I have another person living with me since I moved in but he didn't sign the lease, he pays me his rent & I pay the rent in the house.
Can he just be added to the lease now? Does it change the lease? He would like to stay when/ if I leave.

MacDanger

Once the other person is there over 6 months, they have part 4 tenancy rights so they should be entitled to stay. Not sure how it stands with regards them getting a person in to replace you though

Dav010

MacDanger wrote: »

Once the other person is there over 6 months, they have part 4 tenancy rights so they should be entitled to stay. Not sure how it stands with regards them getting a person in to replace you though

True, if you are a tenant. If the ops housemate pays rent to the op, he/she may be a licensee rather than a tenant.

Op, if you are leaving, you can assign the lease to someone else, but the LL can refuse the assignment. In effect this means you can walk away from the lease, but it leaves your friend in a bit of a bind. Your friend can apply for tenancy status if he/she hasn’t already.


https://www.rtb.ie/docs/default-source/registration-docs/licensees.pdf?sfvrsn=2

Gumbo

MacDanger wrote: »

Once the other person is there over 6 months, they have part 4 tenancy rights so they should be entitled to stay. Not sure how it stands with regards them getting a person in to replace you though

The OP is the tenant. So he sub let’s the room to a licensee would be my thoughts?

I think this is something that has to go through the landlord.

MacDanger

kceire wrote: »

The OP is the tenant. So he sub let’s the room to a licensee would be my thoughts?

I think this is something that has to go through the landlord.

You're right, sorry I missed the bit about the tenant paying rent to the OP and OP paying the LL.

kceire

kceire wrote: »

The OP is the tenant. So he sub let’s the room to a licensee would be my thoughts?

I think this is something that has to go through the landlord.

yeah, basically this is it. I am not moving anytime soon, but I do hope to buy this year.
Is it possible to get him added to the lease now, so that he is on it when I do go?

Fian

bubblypop wrote: »

yeah, basically this is it. I am not moving anytime soon, but I do hope to buy this year.
Is it possible to get him added to the lease now, so that he is on it when I do go?

It is possible, but only if the landlord agrees to this.

Be aware that if you sign a new lease then you may be liable for rent until the date the lease expires, although it is possible to seek to assign your lease to another and to break the lease if the landlord refuses to agree to this.

Most leases contain a clause prohibiting sub-letting, but presumably your landlord know you have been doing this and has agreed to it.

Claw Hammer

Does your landlord know that the other person is there?

Claw Hammer

Claw Hammer wrote: »

Does your landlord know that the other person is there?

Yes

Claw Hammer

bubblypop wrote: »

Yes

If that is the case, your flatmate has the right to become a tenant after having been there for six months. The part four cycle will commence from the time you first moved in.

Samuel T. Cogley

Unless you really get on with this person, I mean like would marry them I'd leave them as a licensee until the last possible minute.

Samuel T. Cogley

Samuel T. Cogley wrote: »

Unless you really get on with this person, I mean like would marry them I'd leave them as a licensee until the last possible minute.

It's a family member! They know I'll be going