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My flatmate is moving out

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    #62
    [Deleted User]
    Posts: 5,369 ✭ [Deleted User]


    Jesus wept indeed. I have made my case very clear. Try actually reading


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    #63
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Niner leprauchan wrote: »
    Jesus wept indeed. I have made my case very clear. Try actually reading

    Ok.

    Where does the op say he/she is renting from the tenant?

    Where does it say he/she was informed it was a licensee arrangement since moving in in 2018?

    On the other hand, we know he/she has been paying rent to the landlord from day one, at the same time/method as the other tenant he/she shares with.

    We know that there is no need for a written/signed lease, and the fact that the other flatmate has one and the op doesn’t, does not affect tenancy rights.

    And, do you own the property where “your” licensee lives?


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    #64
    [Deleted User]
    Posts: 5,369 ✭ [Deleted User]


    Dav010 wrote: »
    Ok.

    Where does the op say he/she is renting from the tenant?

    Where does it say he/she was informed it was a licensee arrangement since moving in in 2018?

    On the other hand, we know he/she has been paying rent to the landlord from day one, at the same time/method as the other tenant he/she shares with.

    We know that there is no need for a written/signed lease, and the fact that the other flatmate has one and the op doesn’t, does not affect tenancy rights.

    And, do you own the property where “your” licensee lives?

    Where does it say he was informed it was a tenancy? Where does it say he had an agreement of any description with the landlord?

    Your entire premises is a bank transfer and we know that a third party transfer can happen.

    All you can do is presume to suit your narrative.

    Im out


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    #65
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Niner leprauchan wrote: »
    Where does it say he was informed it was a tenancy? Where does it say he had an agreement of any description with the landlord?

    Your entire premises is a bank transfer and we know that a third party transfer can happen.

    All you can do is presume to suit your narrative.

    Im out

    Do you own and live in the property “your” licensee rents in?

    And yes, if the tenant shares a rented apartment, pays rent directly to the LL, and was never informed that the tenant was the LL/ that it was a licensee arrangement , it’s fair to assume a tenancy exists.


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    #66
    Marcusm
    Registered Users Posts: 10,320 ✭✭✭✭Marcusm


    Niner leprauchan wrote: »
    You have taken a massive jump. At no stage has the OP stated he had any form of agreement with the LL. None.

    What he has stated is that he was brought into the property by the tenant and paid him a deposit. Then was paying his rent as cash in hand. We dont know that any formal agreement was ever made regarding the landlord and OP.

    He then states that he paid via bank transfer. Again we dont know that the landlord actually entered into any agreement.

    My licensee at this very moment in time could ask her parents or friend to transfer the rent or part of the rent into my bank account. Does this convey rights upon them? Signify an agreement with myself? No, no it doesnt.

    In order for your assertion to be true, you rely on information not provided and simple assume. Without that assumption, he is a licensee.

    An agreement can be formed by conduct. The landlord has not rejected the funds nor returned them, the landlord has not ejected the putative tennant, the landlord has formally indicated the existence of the tenancy by telling the tenant that he has to find a replacement. These are all statements or inferences drawn from the statements made by the OP.

    Your example of a parent settling the rental obligations of your licencee does not, of course, create a relationship between you and the parent. The OP’s facts are different, principally because the funds are received from the person in occupation and the landlord has acknowledged that by asking them to find a replacement. If you cannot understand the distinction, there’s no point in continuing.


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