Tenant wants me to take on new tenant

[superhooper]

Hi All,

Hoping you can help with some advise this. My tenant who is in 2 bed apartment about 6mths wants another couple to live there whom he is related to. I have said no as I know one of them has a poor employment history. As the tenant is a good tenant I want to help him if possible. So could they live there as lodgers or licencees? I have read though that they can apply for full tenancy rights after 6 months? http://www.threshold.ie/advice/seeking-private-rented-accommodation/advice-on-sharing-accommodation/ I'm also unsure about so many people in a small apartment?? Tks

 

[facetious]

How many bed places (for how many people) are in the apartment?

All too often, when there are couples involved, the 'singles' often feel that the couple is taking over and it can become disheartening/sometimes embarrassing to the singles, resulting in people leaving. Now should the tenant leave, the licensees must also leave as they no longer have their landlord living there and they have not financial agreement with the landlord of the property.

Yes, they could live there as lodgers and you are incorrect that a lodger may, after 6 months request that they become tenants of the landlord and not a licensee of the tenant which the landlord cannot reasonable refuse. However, this only apples when one tenant of the tenancy has a Part 4 tenancy and not a fixed term tenancy. The lodger has the length of his residence in the property counted for his Part 4 rights. Thus, if he was a licensee during the last two months of a fixed term tenancy he only requires a further 4 months to acquire his Part 4 rights if he becomes a tenant of the Part 4 tenancy. There is also the disadvantage of the landlord perhaps not having a full reference of the lodger as and when he first resided in the property. Any agreement should be in writing.

If you feel that there is insufficient room in the property, although a two bed one (perhaps really only suitable for two adults and a small child, then you may reasonable refuse the licensees as tenants and in fact you could also use it for not accepting lodgers. You must also consider that 3 people living in the apartment are likely to cause more wear and tear than one person (who is the sole person on the lease agreement).

 

[superhooper]

How many bed places (for how many people) are in the apartment?

All too often, when there are couples involved, the 'singles' often feel that the couple is taking over and it can become disheartening/sometimes embarrassing to the singles, resulting in people leaving. Now should the tenant leave, the licensees must also leave as they no longer have their landlord living there and they have not financial agreement with the landlord of the property.

Yes, they could live there as lodgers and you are incorrect that a lodger may, after 6 months request that they become tenants of the landlord and not a licensee of the tenant which the landlord cannot reasonable refuse. However, this only apples when one tenant of the tenancy has a Part 4 tenancy and not a fixed term tenancy. The lodger has the length of his residence in the property counted for his Part 4 rights. Thus, if he was a licensee during the last two months of a fixed term tenancy he only requires a further 4 months to acquire his Part 4 rights if he becomes a tenant of the Part 4 tenancy. There is also the disadvantage of the landlord perhaps not having a full reference of the lodger as and when he first resided in the property. Any agreement should be in writing.

If you feel that there is insufficient room in the property, although a two bed one (perhaps really only suitable for two adults and a small child, then you may reasonable refuse the licensees as tenants and in fact you could also use it for not accepting lodgers. You must also consider that 3 people living in the apartment are likely to cause more wear and tear than one person (who is the sole person on the lease agreement).

Thanks for the many good points made. Just to clarify that there will be 4 people living there as there is already a couple there. This is also a fixed tenancy. I'm thinking perhaps I write to them and leave them have 2 licencees for a period of 6 months.

 

[Setanta12]

If you must, give them three months ... it'll take six to shift 'em !

 

[facetious]

I agree with Setanta12 that giving them 6 months is cutting things very fine if they decide to remain a little longer. Remember, that it is your tenant who is responsible for any licensees as you have no contract with them - just an agreement with your tenant that he may have a licensee/s. Also, if the licensees leave and return a week or two later, their previous time in the property will count towards how long they have been there altogether.