Homeowner need to evict difficult licensee - causing distress

sorchanichionn

Hi all,


Let me start by saying this post is long overdue.


I am a single mother who rents out 2 rooms in my house. I had a person move in at the start of October.



She signed a contract I printed up for a year, everything I read says I am entitled to ask her to leave and 1 month was the agreed period of notice.


Of the most recent events, she has complained about noise from my kid on Christmas morning. She shares a bathroom with another tenant, he keeps it clean, but she has sent him messages calling him a pig and that room was not clean. I believe she has taken the bathroom key, as she recently messaged me to say if he doesn't clean bathroom she will lock the door. She has asked me to take down Christmas tree, which i said i would by end of week, and they she is saying can you do tonight, because of allergies.

I feel like I am being told how to live in my own home.

This person is quite vindictive in her actions, and as a single mum I am nervous of her response, and need to be fully sure of my rights.


Thanks in advance :mad::mad:

D3V!L

She's a guest in your house. Treat her as such and ask her to leave. You legally don't have to give her any notice at all.

bb12

if you're renting a room in your house that you're living in, i believe the tenant does not really have any rights at all. i don't even think you have to give them notice to evict them. either way the law is very much more on your side unlike normal tenants renting out a house etc

sorchanichionn

Thank you


It is suffice to say this is not working out, and show a print out from citizens advice saying they are a guest in your home??

TheW1zard

Kick her out at once!

Bikerman2019

All of the above is completely correct, but if you gave her a written contract, it may cause an issue

jhegarty

They have no rights from the law , but you may have given them rights with the contract. What exactly does it say ?

Bigus

Get some back up for when you confront her , very handy as witnesses or if she kicks off. Also offer(incentivize) her the price of a hotel room for a night or 2 /taxi in cash( because she’s taking her stuff now and going immediately) , and have new barrels and keys ready to go into the locks , inform the local Garda to be on alert in case of difficulties , they’ll say it’s a civil matter , but just ask them to be alert when the time comes. Don’t put this off.

Above might seem ott , but much better to be prepared than scared in your own house.

antoinolachtnai

I am sorry to hear that.

This is your home and you have a right to regulate it as you see fit. You have a duty to take care of your children and your other tenants have a right not to be maltreated.

I would sit down with her, with a witness by your side and ask her for the bathroom key back if it is still missing. If you can, have a few people nearby. Have your children out of the house.

When she gives the key back tell her you can see she isn’t happy and it would be best if she left.

Ask her when is the earliest she can leave. See what she says and when she starts whining about notice periods tell her you want her gone by the weekend.

When she complains say that she and the other lodger are clearly not getting on and that the situation cannot continue.

When she complains about the month’s notice tell her you’ll give her all her rent and deposit back when she leaves. (Have the preposition on hand, in cash).

If she doesn’t give the key back or is obstreperous or argumentative ask her to take her belongings and leave your home immediately. If she doesn’t, ask your friends to remove her belongings. They need to be ready and prepared to do this.

Offer them a lift somewhere with their things or call a taxi and pay for it out of the deposit.

They may say they have nowhere to go. To cover this, make sure you have found hotel or hostel accommodation that you can bring them to. Book a night’s accommodation if they decide to take it up.

Don’t try and do this on your own. You need some help and support. If you are scared of confronting her, get one of your friends or relatives to do it fir you.

Do this all in daylight if you can.

I unfortunately had to do this for an elderly relative two years ago who was being pushed around by her lodger. Not much fun, but you have to confront it.

sorchanichionn

D3V!L wrote: »

She's a guest in your house. Treat her as such and ask her to leave. You legally don't have to give her any notice at all.

Would you have any links with specific detail on this by chance?

Baby01032012

Don’t let anyone tell you what to do in your own home.

She has 0 rights. Change locks when she is out and leave her belongings outside. Call the guards if she tries to breakin/damage or causes a disturbance.

1874

B&Q, replace the locks, take it out of her deposit, tell her to fcuk off,
edit by which I mean remove her rubbish off your doorstep, by her rubbish I mean her belongings, cant be dealing with someone if they are telling you how to live in your own home, if they aren't happy, can take a hike, not soon, ASAP, you dont need any rules or excuses, just tell her to go or get friends or the Gardai if need be.

Baby01032012

Baby01032012 wrote: »

Don’t let anyone tell you what to do in your own home.

She has 0 rights. Change locks when she is out and leave her belongings outside. Call the guards if she tries to breakin/damage or causes a disturbance.

Correction to my post above

Under covid legislation there is a ban on evictions under level 5 so until 31January at least plus 10 days unless the reason is for anti social behaviour. As far as I know this also applies to licensees as well as tenants.

Daz747

She doesn't have the same rights as a licensee that a tenant would. Unfortunately once under level 5 restrictions there is a government ban on evictions for tenants(the last time I checked this applied to licensees also) I think your best plan of action would be to sit down and speak with her. Its your house after all and she has to respect it and the other people living there

If that doesn't work you can give her a final warning which I believe has to be a minimum of 7 days for anti-social behaviour

JustAThought

So she’s a nasty piece of work and upsetting everyone else, and you don’t want her to live there anymore. But she many be under pressure and ratty and have different standards of ‘clean’. She may be annoying but its not fair to just kick her out overnight - you were happy enough to take her money.

Give her the months notice, Tell her there is tension in the house and you no longer want to share your home with her as it is not working for her - especially with the childs noise and the impending schools lockdown which could go on for months. She cannot appropriate rooms or lock people out in your home. It will suit her better to have a private bathroom en suite and more adult environment elsewhere.

Be firm and fair. Tell her she will get her full
deposit back as she will be stressing over that.

You will also now be needing less risk of exposure to your family and less people in the house - having an adult leas will help you achieve this. As it is clearly not working properly for her this will be the best in the long run.

Caranica

By giving a written lease the licensee now has more rights than they are legally entitled to. The best advice I was ever given was never ever give a licensee a lease. So notice would be a month, apart from Covid restrictions.

It's not going to be easy to get rid of her in current times OP but you really need to assert yourself. It's your house, she is a lodger. If she doesn't like your rules or noise or decoration, she can feck off. I don't know why you're even entertaining her. If I was in a house with a child over Christmas of course I would expect noise on Christmas morning. The Christmas tree thing is beyond ridiculous too.

As for the bathroom, it's not her call. Demand the key back for starters. She has no right to dictate how you or the other lodger behaves. She's walking all over you.

JustAThought

Caranica wrote: »

As for the bathroom, it's not her call. Demand the key back for starters. She has no right to dictate how you or the other lodger behaves. She's walking all over you.

What age is she?

Daz747

Its a grey area. The RTB won't help and the licensee might threaten with threshold.

The lease signed can be used to protect both parties though so it doesn't really afford the licensee any more privileges than they entitled to.

I would say document everything that goes on and assert your authority in your house. Every person has the right to feel at ease and safe in their own home. If she is causing you distress this should only be a problem for her. Good Luck

1874

Baby01032012 wrote: »

Correction to my post above

Under covid legislation there is a ban on evictions under level 5 so until 31January at least plus 10 days unless the reason is for anti social behaviour. As far as I know this also applies to licensees as well as tenants.

Forbearance was requested, no rights for a licencee, especially not one who dictates terms, do not offer any incentives to leave, paid hotel rooms or taxis as this just plays into that kind of persons hands.

antoinolachtnai

Caranica wrote: »

By giving a written lease the licensee now has more rights than they are legally entitled to. The best advice I was ever given was never ever give a licensee a lease. So notice would be a month, apart from Covid restrictions.

What is the lodger going to do? Seek the protection of the Small Claims Procedure?

1874

Daz747 wrote: »

Its a grey area. The RTB won't help and the licensee might threaten with threshold.

The lease signed can be used to protect both parties though so it doesn't really afford the licensee any more privileges than they entitled to.

I would say document everything that goes on and assert your authority in your house. Every person has the right to feel at ease and safe in their own home. If she is causing you distress this should only be a problem for her. Good Luck

Its not, not in covid, not everr, not in a licensee situation
zero rights, and its probably that thinking that has the licensee thinking that way, mistaken as it is, does not give them rights, I would have laughed in her face, told her to cop on any more messing and she is gone in whatever needs be, flat out give her a months notice but tell her any messing about, it will be 24 hrs notice or 24 mins if need be.

y0ssar1an22

'You have a licensee agreement with your landlord. This means that you are in the property by the landlord’s consent or invitation'.

https://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html#


personally, be courteous and give her 1 months notice. but if she makes you feel unwelcome/uncomfortable in your own home with your kids, you may have to be more assertive.

if things do come to a head, you are able to call the police and report for trespassing and request removal.

they are there by your invitation afterall.

agoodpunt

this is scruff of the neck territtory

afkasurfjunkie

Kids are off now for next few weeks. Make sure they make as much noise as possible. Shrug your shoulders if she complains. Warn your other tenant in advance. She’ll go herself hopefully.

D3V!L

afkasurfjunkie wrote: »

Kids are off now for next few weeks. Make sure they make as much noise as possible. Shrug your shoulders if she complains. Warn your other tenant in advance. She’ll go herself hopefully.

This woman sounds quite touched. I wouldn't put the kids in danger like this.

Mimon

D3V!L wrote: »

This woman sounds quite touched. I wouldn't put the kids in danger like this.

This. Kids right to safety trumps any agreement. OP can you be ready with new locks and as soon as she leaves change them/get someone to change them. Leave her stuff outside.

Just interested if legally a contract for notice period is enforceable or does the licencee still only have licencee rights if the homeowner decides they need to leave?

Seth Brundle

Mimon wrote: »

This. Kids right to safety trumps any agreement. OP can you be ready with new locks and as soon as she leaves change them/get someone to change them. Leave her stuff outside.

Just interested if legally a contract for notice period is enforceable or does the licencee still only have licencee rights if the homeowner decides they need to leave?

Whatever the OP does, they shouldn't just leave her stuff outside as they would b liable for any damage or theft to that property. At the very least, someone should watch it until the licencee's return.

pc7

I would sit down and say you are giving her a months notice, that it is your home and it is not working out (out of interest did she have references?). Tell her if she wishes to leave before the month that is fine she won't have to pay. Explain its not working for you and obviously not for her.
This is your home, with children, if you do decide to rent that room again, I think you need to ensure they have good references, you get a good vibe off them and they understand this is your home (with children).

Lantus

You are the owner and adult.your word is the law. Take back bathroom key and presumably you had kids when she moved in so who and what is she complaining about.

Give her notice and stop giving contracts to room renters in the future. Get support to back you up and if she kicks off tell her that the safety of you and your family are her only concern and any aggression will result in immediate removal.

She is just a guest. If I had a friend act like that they would feel my wrath. A stranger sound be evicted.

sorchanichionn

JustAThought wrote: »

So she’s a nasty piece of work and upsetting everyone else, and you don’t want her to live there anymore. But she many be under pressure and ratty and have different standards of ‘clean’. She may be annoying but its not fair to just kick her out overnight - you were happy enough to take her money.

Give her the months notice, Tell her there is tension in the house and you no longer want to share your home with her as it is not working for her - especially with the childs noise and the impending schools lockdown which could go on for months. She cannot appropriate rooms or lock people out in your home. It will suit her better to have a private bathroom en suite and more adult environment elsewhere.

Be firm and fair. Tell her she will get her full
deposit back as she will be stressing over that.

You will also now be needing less risk of exposure to your family and less people in the house - having an adult leas will help you achieve this. As it is clearly not working properly for her this will be the best in the long run.

Hi

I have no intention of kicking her out overnight, I have a heart and I have been extremely patient. In the first weekend of living with me, she disputed because I had a friend over and I had not asked her in advance. I cleared this up at the time, but again a few weeks later it came up.

Thank you very much for you additional advice

sorchanichionn

JustAThought wrote: »

What age is she?

In her 30's :eek: