How to evict housemate?

G

Guru

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Myself and 2 housemates have been renting a house for 3 years.

4 months ago we rented the extra bedroom in the house to a tenant and put her name on the lease.

We agreed with her that she would pay €X per month and this would include all the bills.

She now wants to know the rent we pay and bills and wants to pay 25% of all expenses and probably less as she has a smaller bedroom and will push to pay less than 25% more than likely.

She has threatened to go to a solicitor.

We want to remove her from the house as soon as possible.

Is this possible and what is the process?

Thanks in advance for any advice.
 
Unfortunately, as you put her name on the lease, it is only the landlord who can evict her. And landlords are very reluctant to get involved with inter tenant issues. There is no formula in the RTA 2004 for a tenant to evict a co-tenant. However, as she has only been in the house for less than 6 months, she has not yet acquired her Part 4 rights so the landlord may be able to evict her if she is in breach of any of her obligations. But you may well be denied having another tenant in that room as it is causing the landlord grief.

Unless you are charging her more than a equal share of the rent and the bills then I would be inclined to show her the breakdown, remembering that the bills in winter will be much higher than those in the summer.

If I was renting the smallest room in the house, I would also expect to pay less for that than the other tenants. However, she seems to have agreed to your terms for rent and utilities.
 
facetious said:
Unless you are charging her more than a equal share of the rent and the bills then I would be inclined to show her the breakdown, remembering that the bills in winter will be much higher than those in the summer.

If I was renting the smallest room in the house, I would also expect to pay less for that than the other tenants. However, she seems to have agreed to your terms for rent and utilities.
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I took from the OP that they are charging her more than the rest of them. It's common in renting rooms, the leaseholders rent out other rooms to subsidise their own rent. The mistake here was putting her on the lease...
 
We do pay less than her but the difference is relatively small. We are not going to show her all the household expenses as the way we see things we made a deal when she moved into the house and now she wants to change the deal 4 months into the tenancy.

That is not the most important thing now however. She threatened her housemates with a solicitor, probably after taking bad advice from her boyfriend. She has to go!

From what I understand, a tenant who has been here for less than 6 months does not have to be given a reason in the notice of termination letter, simply just given 28 days notice. Is this correct?
 
We put her on the lease as she is from outside Europe and needed it for immigration so we wanted to help her out as much as possible and now she is using this against us.
 
Guru said:
She has to go!
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Did you not read the previous response? You are not her landlord and while it would appear that you made an agreement with her when she became a tenant of the property this agreement was not a part of the lease that she signed so legally unenforceable. There is no legal way that you can evict this person as she is a joint tenant to the property with the same rights as the existing tenants.
 
You backed a horse, the horse was beaten and now you want your money back. Play fair and you will receive fair play.
 
What exactly has she signed? I presume you had to get the lease changed and all sign it. If that's the only thing she signed, then you have a bit of a headache. If she also signed a separate agreement with you that she would pay x amount, tell her to go whistle.

I'd imagine she's now receiving a rather hostile reception from all the other housemates after pulling a stunt like that, so she might decide it's not actually somewhere she wants to stay.
 
With the greatest respect possible Guru, cop on, all bills should be paid evenly, she is not being unreasonable, you guys are.

I recall in my renting days having the smallest room in a 4 bed house, all good until it came to light that the longest tenant in the house was not paying TV rental at all, half was being paid by me alone.

Sharing a house which is each of the tenants home needs to be fair to all parties, no one above another, all rights respected by each tenant, put the boot on the other foot and you'll get it I'm sure.
 
This is really biting the OP in the wotsit.

Act the maggot by charging more for less and then getting upset about it and threatening illegal eviction. Karma really is a......
 
Guru said:
We do pay less than her but the difference is relatively small. We are not going to show her all the household expenses as the way we see things we made a deal when she moved into the house and now she wants to change the deal 4 months into the tenancy.

That is not the most important thing now however. She threatened her housemates with a solicitor, probably after taking bad advice from her boyfriend. She has to go!

From what I understand, a tenant who has been here for less than 6 months does not have to be given a reason in the notice of termination letter, simply just given 28 days notice. Is this correct?
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No, as I mentioned in my first post.

Firstly, as she is on the lease she may only be evicted by the landlord who may be reluctant to get involved with inter-tenant squabbles. I'm sure, after this, he won't be allowing his tenants to add someone to the lease again.
For a landlord to evict a tenant during the first 6 months of a fixed lease contract, the tenant must be in breach of his/her lease agreement. Has she broken any of the lease conditions?

If a landlord could just evict a tenant for any reason, there would be no sense in signing a fixed term lease, which I presume you all have.
 
Look at your tittle evict, house mate the word mate is meaning for friend and evict has not a very nice meaning as well, ye all have an equal share in the house thats why its called house share, what you did was wrong by charging her extra and was taking advantage of her situation it was greedy on your part, man up with the gir,l all pay the same and who ever is there the longest get the best room and all go out for a drink and forget about
 
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