What to do here?

James Bond Junior

Purple Mountain wrote: »

The legislation seems to be in place while the 5km limit applies.
I'd be taking my chances anyway and have the antisocial behaviour argument ready because theres not a cat in hells chance, I'd tolerate that bullying in my home.

We agree on that anyway PM!!

The_Conductor

The 5km stipulation does not apply for tenants in receipt of covid related payments (it covers all other classes however).

Exclamation Marc

The RTB doesn't oversee licensees.

Secondly, the language shared around rent-a-room is very carefully worded to note that they ask property owners to show forbearance 'where possible' but do not explicitly prohibit evictions.

Licensees have no rights here.

Home owners have inalienable rights over their home which is why they're not pulled in under this.

Bodjhrjekekr

Was any agreement done in writing when they moved in?

If not then as others have said, seems they have no rights - explained well here on the Threshold site: https://www.threshold.ie/advice/seeking-private-rented-accommodation/sharing-with-your-landlordrenting-from-a-tenant/

The advice given is for tenants to basically move out if there is an issue: "If you are involved in a dispute with another tenant and it is not working out it may be best for you to end your tenancy and find more suitable accommodation."

However I do understand why it's not as simple as people are saying - yes although we can see you would be perfectly in the right, she could still maybe bring you to small claims court and although you would win, no one wants to have that hassle of going to court (which can be a long drawn out process).

If it were me I would just try and wait for the 31st, make it clear in the days before that she has to be gone by then, and maybe stay away from the house on the 31st yourself so you don't get involved in any arguments - she sounds like she is not reasonable and could make accusations too, so best to remain calm.

Honestly if you are worried I would record conversations if you need to bring up the subject of being gone for 31st/packing her stuff, and she is hostile, to cover yourself.

ted1

James Bond Junior wrote: »

Show me the legislation please.

Read this, it doesn't include licensees as they ARE NOT TENANTS.

https://www.citizensinformation.ie/en/housing/renting_a_home/tenancies_and_covid19.html#

Section 1, paragraph 2

https://data.oireachtas.ie/ie/oireachtas/act/2020/17/eng/enacted/a1720.pdf

********
2) InthisAct—
(a) references to landlord shall be construed as including references to licensor within the meaning of section 37 of the Residential Tenancies (Amendment) Act 2019,
(b) references to tenant shall be construed as including references to licensee within such meaning, and
(c) references to tenancy shall be construed as including references to licence within such meaning
****

Dav010

ted1 wrote: »

Section 1, paragraph 2

https://data.oireachtas.ie/ie/oireachtas/act/2020/17/eng/enacted/a1720.pdf

********
2) InthisAct—
(a) references to landlord shall be construed as including references to licensor within the meaning of section 37 of the Residential Tenancies (Amendment) Act 2019,
(b) references to tenant shall be construed as including references to licensee within such meaning, and
(c) references to tenancy shall be construed as including references to licence within such meaning
****

Amendment 37 refers to licencees renting designated student accommodation, read the amendment, it references section 3 (1A).

http://www.irishstatutebook.ie/eli/2019/act/14/section/37/enacted/en/html

ted1

Dav010 wrote: »

Amendment 37 refers to licencees renting designated student accommodation, read the amendment, it references section 3 (1A).

http://www.irishstatutebook.ie/eli/2019/act/14/section/37/enacted/en/html

Sorted. Just throw them out now.

JimmyVik

Be careful.
I once lived in a house share with 4 others.
One moved out and a new girl moved in.
Next thing she starts giving out about everything. Including barging into the room when a couple were shagging.
Every day there was moaning about crumbs in the toaster.
She started calling the guards if anyone made noise at night. Even a whisper.
And she wouldnt leave. We were actually all looking for a new house at one point.
She hung crucifixes on the walls of every room.
We eventually got rid of her by hanging the crucifixes upside down in the middle of the night.
She couldnt leave fast enough then,

Baby01032012

JimmyVik wrote: »

Be careful.
I once lived in a house share with 4 others.
One moved out and a new girl moved in.
Next thing she starts giving out about everything. Including barging into the room when a couple were shagging.
Every day there was moaning about crumbs in the toaster.
She started calling the guards if anyone made noise at night. Even a whisper.
And she wouldnt leave. We were actually all looking for a new house at one point.
She hung crucifixes on the walls of every room.
We eventually got rid of her by hanging the crucifixes upside down in the middle of the night.
She couldnt leave fast enough then,

Excellent, I’ll have to remember that one. Needed a laugh with the year that’s in it.

Haven’t heard from OP in a while. Hope he’s surviving. At the end of the day life is too short to be putting up with that crap in your own home.

fran38

Baby01032012 wrote: »

Excellent, I’ll have to remember that one. Needed a laugh with the year that’s in it.

Haven’t heard from OP in a while. Hope he’s surviving. At the end of the day life is too short to be putting up with that crap in your own home.

Sincere apologies for not keeping ye all updated. Ok, story now. She actually moved out last Thursday but seeing as I gave her up to the 31st March, she left a considerable amount of stuff behind and locked the bedroom door so I wouldn't have access to it. On the 30th, I texted her to ask her does she intend to move her stuff by tomorrow (31st). I was extremely nice because it is my experience that **** can escalate. She said she'll be around by 1pm. No show by 2pm so I text her again telling her I'm going to work and will be back by 10.30am (morning of 1st April). When I arrived home, I found the front door open and her inside packing up. Her brass neck to enter my house when I'm not there I let go as I just wanted to get rid. Eventually she has all of her stuff moved within an hour and a half. She dawdled knowling it would get onm my nerves. I gave her deposit back minus ESB. She moaned as to the cost of the bill but ****ed off in the end.
My plan now is to give myself and the other lodger a bit of space and time to relax and enjoy the peace. But I WILL NOT be getting another female in. There's too much drama with women.

Exclamation Marc

Good riddance. Glad she's finally gone! Delighted for you OP.

TheChizler

Glad it's sorted but you lost me at that last line.

Pistachio19

Thanks for updating. Delighted she has left. Hope you have the locks changed. Enjoy the peace.

fran38

Mods, I won't be posting here from now on. So, if you deem fit please close the thread.

Baby01032012

TheChizler wrote: »

Glad it's sorted but you lost me at that last line.

Not to generalise but I’ve heard over the years that women prove to be the worst tenants. This has not been my experience.

OP glad the situation is sorted for your own mental health.

Vicki2314

Im glad that she's out. Not all women are like that. Maybe you just need to be more careful about the type of people you let in your house.

The J Stands for Jay

Fol20 wrote: »

I’m not sure I believe this.

Solicitors usually don’t plead ignorance given it’s their job. They are usually the most careful people to speak to when I talk to them and usually don’t say something unless they can back it up.

Did they say any of this in writing?

No, I've encountered many solicitors who don't have a clue, and were both operating in an area of ignorance and charging for it.

The_Conductor

As per the OP's request, thread closed.

Have a safe and a peaceful weekend everyone.