Tenants won't move out!

LaShalom · 13-11-2023 6:50pm #1

We converted part of our house (owner occupied) into a self contained studio which was let by (my now) ex to his friends - a couple.

My ex and I are going through a bitter contested divorce. He reluctantly agreed during court hearing to give the couple eviction notice so he can move into the studio until the case is decided. He gave them notice in June. Neither they nor him have moved.

The couple have used the space very badly and damp and leak have sprung damaging adjoining neighbour's house (hallway). They still will not move, and the studio is crammed full, they are hoarders.. So there isnt enough access to investigate the dampness.

What do I do? Can I just knock down the wall between us, in which case it becomes part of the house again. I feel very helpless as they are ganging up and say they don't recognise me as their landlord. They don't pay rent nor have a contract with me. I need the space for a sensory room for my autistic son.

Any help or advice.

Thanks

Ginger83 · 13-11-2023 7:02pm

Do you own the property?

Is there a rent contract?

Are you registered with the Rtb?

Who receives the rent?

How long have they been living there?

LaShalom · 13-11-2023 7:07pm

We both own the property.

Yes between ex and them. Never saw it.

Ex

About 2 to 3 yrs

LaShalom · 13-11-2023 7:08pm

Not sure about RTB

13-11-2023 7:14pm

Self Contained units come under the rent a room scheme, so they're licensees not tenants. The RTB is thus irrelevant. You can evict them without notice at a moment's notice. Next time they're out, change the locks and bag up their stuff and leave it outside.

Steviemak7 · 13-11-2023 7:14pm

If it is a rent a room scheme the tenants have practically no rights bar short notice period to leave. Might need to change locks when they leave. It will be rough few days but hopefully they'll get the message.

Dial Hard · 13-11-2023 7:19pm

What I really want to know is why your ex always got all the rent.

893bet · 13-11-2023 7:30pm

Do they share any spaces with you? Use the same entrance to the house?

I just wonder if they have their own door and a self contained unit within the bigger house could they have a valid tenancy?

elperello · 13-11-2023 7:40pm

Make an appointment to see the solicitor who represented you at the court hearing.

They will advise you of the legal options open to you.

Ginger83 · 13-11-2023 7:42pm

https://www.boards.ie/discussion/comment/121364180#Comment_121364180

I would not be changing the locks without reading the contract

LilacNails · 13-11-2023 7:47pm

Are u and ur ex registered landlords with the RBT?

herbalplants · 13-11-2023 8:07pm

https://www.boards.ie/discussion/comment/121364159#Comment_121364159

Kick their backside out!! Talk business, it is your house!! Do they share house entrance with you??

They didn't take care of the place so more reason to kick them out

ted1 · 13-11-2023 8:21pm

https://www.boards.ie/discussion/comment/121364303#Comment_121364303

If there are licensees , he should change the locks. They’ve been giving notice

Mrs OBumble · 13-11-2023 8:38pm

Change the locks - and the ex could let them back in again. Dumb idea, most likely.

Assuming you are female, approach Women's Aid for advice.

As well as your solicitor: if the notice was agreed during a court hearing, then not enforcing it could be seen as contempt of court (I'm guessing - you need a solicitor for proper advice).

Also, be aware that if they are tenants, you may have a tax liability (even though you have not actually been getting the rent!)

13-11-2023 8:44pm

https://www.boards.ie/discussion/comment/121364303#Comment_121364303

Contract is completely irrelevant, they're licensees not tenants.

Rows Grower · 13-11-2023 8:58pm

https://www.boards.ie/discussion/2058322438/tenants-wont-move-out

The idea of just knocking down the wall between ye I think needs more discussion.

There may or may not be some concerns with regards to health and safety.

Perhaps doing it while they are asleep in bed some distance away from the wall might lessen the risk?

Then you've got the whole sledge hammer or kango dilemma.

Either choice would probably instil such a sense of insecurity in the minds of your ex's friends they'll more than likely join him in absentia with great haste.

Boxcar_Willie · 13-11-2023 10:01pm

https://www.boards.ie/discussion/comment/121364320#Comment_121364320

Irrelevant in this case

LaShalom · 13-11-2023 10:08pm

Yes they have their own entrance. The front door. We come in through the back. It's a mid terrace

Emblematic · 13-11-2023 10:08pm

https://www.boards.ie/discussion/comment/121364180#Comment_121364180

The OP needs to be very careful taking advice such as the above.

The rent a room scheme is a tax scheme and information about it is on the revenue website.

Self-contained unit: "The rented room or rooms can be a self-contained unit within the house, such as a basement flat or a converted garage.

If this unit is not attached to the property it cannot qualify for the relief. [source]"

So as the property appears to be attached, it comes under the scheme and so is free of tax provided the rent is below the threshold.

However this is for the purposes of tax.

From the point of view of tenants rights we go to the Citizens Information website:

If you are renting a self-contained flat or apartment in your landlord’s home, your tenancy is covered by residential tenancies legislation and your landlord must register it with the Residential Tenancies Board. However, if you are renting a room that is part of your landlord's home, your tenancy is not covered by this legislation. [source].

So based on this, it is possible for the landlord to be exempt of tax but at the same time be subject (rightly imo) to the full legislation concerning tenancies.

Therefore the OP needs to be wary of advice to drill into their tenants home, change their locks etc. They should talk to a solicitor before doing any of that.

LaShalom · 13-11-2023 10:20pm

Because he took the loan for the conversion of the flat. It was meant to be temporary to recoup and pay off loan which he has long paid for but still takes the money.

LaShalom · 13-11-2023 10:22pm

Yes they do.

LaShalom · 13-11-2023 10:24pm

I'm actually worried about being liable for damage in neighbor's house.

893bet · 13-11-2023 10:33pm

https://www.boards.ie/discussion/comment/121364824#Comment_121364824

Have you access to the front door aswell? If you get my meaning? Can you walk in the front door and access your parts of the house? Or have your it blocked off internally to prevent access?

Ginger83 · 13-11-2023 10:41pm

https://www.boards.ie/discussion/comment/121364442#Comment_121364442

https://www.boards.ie/discussion/comment/121364527#Comment_121364527

The most important thing to note is "IF" they are licensees

A self contained flat attached to a landlord's home together with a written agreement may be viewed very differently in the eyes of the Rtb than having use of a bedroom "in a landlord's home"

Thread carefully OP