Landlord query

Hontou

It seems a bygone era to me where landlords owned houses that they themselves did not occupy and rented out rooms with no contracts / licensee agreements. (Often avoiding tax. I'm not saying this OP is doing this). From my understanding of the above, the occupants above are tenants and therefore should be given the correct notice to leave in view of the upcoming sale. As tenants, they have part 4 rights, with or without a contract. OP, with respect, I think you have been an irresponsible landlord. This does not mean you have been a bad landlord, but irresponsible. When and if you changed the rent, was this in writing? Did you inform the RTB of rent increases. Your tenants have rights and you have a responsibility to know their rights.

saggy

I never changed the rent, their rent has stayed the same price since they moved in, so I therefore don’t need to notify RTB.

Hontou

By not charging market rent, you create a situation which makes it very difficult for your tenant to move to another property and therefore find yourself in a situation where you will now need to deal with the RTB. Good luck.

Claw Hammer

https://www.boards.ie/discussion/comment/121980478#Comment_121980478

The finding was that the tenant was to use one bedroom and share with whoever was in the second bedroom. If the person in the other room was the landlord or a member of the tenants family the result might have been different.

https://www.courts.ie/acc/alfresco/394c885e-5147-40ad-98de-a4619618004e/2014_IEHC_554_1.pdf/pdf#view=fitH

These cases have tended to =flip flop and turn on very minor points.

saggy

Thanks Guys for all your comments,

Since then one of the guys has moved out but unfortunately the other one, who did say he intends on staying no matter what is still there.

I am going to let out one of the empty rooms short term as whoever will be move in now will be licensee from the start ,as my son will continue to stay in the other room.

I will issue notice to the guy that’s there, I don’t think he will hang around too long with my son and his friends calling around all the time partying.

LauraleeX

https://www.boards.ie/discussion/2058342908/landlord-query

It's only 150 euros to join the IPOA and they'll give you the best advice. I doubt your tenants qualify as licencees. Best to sign up to the IPOA and get as much 'free advice' as you can on how to proceed legally

saggy

I am a member of the IPOA and unfortunately they did not know the answer either.

meijin

https://www.boards.ie/discussion/comment/122011785#Comment_122011785

And still, you intend to breach your tenant's right "to enjoy peaceful and exclusive occupation".

Hopefully, he gets a huge compensation in RTB for this!

combat14

https://www.boards.ie/discussion/comment/121929595#Comment_121929595

has the landlord been living in the house the entire time as their primary residence ? then they are licensees otherwise probably tenants ...

from treshold:

"Licensees are those who are renting a room from an existing tenant of a property. In these cases, normal landlord and tenant laws do not apply and the licensee is left very vulnerable with little to no protections legally in place."

it doesnt look as if the OP is an existing tenant (his son might be which is completely different)

valid notice to evict ( i.e. with formal documentation with correct notice date and statutory declaration to sell delivered to tenants by registered post or by hand and copied to RTB at same time ) is very important or else it resets the eviction clock to new date as per the law - there can be serious fines/penalties/ delays if not done properly

as for deliberate house parties from "son's friends in the house" you wont have a leg to stand on if that's the case

ballyharpat

https://www.boards.ie/discussion/comment/122013376#Comment_122013376

if the tenant was renting on a room only basis, and there was no lease- there was no exclusivity, also there is no guarantee that the other tenants are going to be adhering to peaceful occupation, and the landlord does not have to enforce this.

I have tenants in a house, it's far from peaceful, but they pay the rent and keep the house well, they work strange hours and play loud music at times, but I've told them to keep it down after 11pm, it's not peaceful though.