Is a lodger in my house a "licensee"?

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Gervan

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Quoted from the Journal: Threshold’s national advocacy manager Ann-Marie O’Reilly said they have seen a growing array of license-style arrangements in the rental sector in recent years “which is a cause for concern”.
“We need to ensure that basic protections are in place for all renters, including licensees,” she added.


I have two lodgers in my home, young men. One has been here for 5 years and another for nearly 3 years. I do not do this just for the income, but as a parent knowing how hard it is for youngsters to find a decent affordable place to live.
If my lodgers are to be given the "protection" that renters currently have, they will no longer have a place to live.
 
To answer your question in the title yes they are.

But to dive deeper into Thresholds position they are more concerned with licensees who are renting a room from a head tenant, often without the landlord knowing or consenting.

https://threshold.ie/advocacy-campaign/licensees/
 

Renting out a room in your home

If you rent out a room in your home, you have certain rights and responsibilities. These are different depending on your home and the type of accommodation you are renting.
www.citizensinformation.ie www.citizensinformation.ie
A person renting a room in your home is living there under a license agreement, not a tenancy agreement. This means that they are only entitled to reasonable notice if you decide to terminate the agreement. However, they can refer disputes under the Small Claims Procedure.
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Again - they are a guest - and can be asked to leave at any time.

"If the part of your home that you rent out is not self-contained, you are not covered by landlord and tenant legislation, so the rights and responsibilties under that legislation do not apply to you. "
 
Corola said:
They are not guests if they are paying rent.
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Can't believe we are going around this loop again.

Money isn't the issue.

A person sharing your home is a guest.

I've found a least 8 different threads where the same arguments come up.

Edit to add: the only "claim" that can be brought through the small claims procedure is non-return of deposit.
 
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They aren't "sharing" it, they are renting a room from you, and have limited rights under the license arrangement.
 
If I have children or a parent, or even a friend who I let use my couch while they sort out their affairs, who pays me rent are they a licensees or guests :) Because if they annoy me they are out on their ears no matter who they are :)
 
By common law definition they are a contractual licensee, that simply means they are paying for access to property. That's all it means. That access is revokable any time in line with the agreement.
 
Question, if the person renting my spare room, and they are having an issue with neighbours dog. Is it up to me to approach the neighbour or should they do it themselves.
I am assuming since they do not have the protection of the RTB they need to deal with it themselves. It's not a problem for me I am immune to it now.
 
UCD Property Law notes on Licences
https://www.studocu.com/en-ie/docum...erstanding-ownership-and-revocation/120778827



Contractual Licences

Contractual licences are permissions supported by a contract, either explicitly granted or
implied from the circumstances. For example, in Tanner v Tanner, the court inferred a
contract granting a mother and her children a licence to reside in a house until the children
finished school, based on their circumstances.

Revocation of Contractual Licences

Initially, common law treated contractual licences as revocable at will, as they created no
interest in land. However, equity intervened to prevent revocation in breach of contract terms.
Licences must now be revoked in accordance with contractual terms or (Whipp v Mackey),
where silent, on "reasonable" notice as determined by the courts (Winter Garden Theatre v
Millennium Productions).

A contractual licence grants a personal right to enter and remain on another's land but does
not create a proprietary interest, meaning it can generally be revoked at any time, even in
breach of contract, leaving the licensee with only a remedy in damages and no right to remain
on the property (Wood v Leadbitter). However, once a person enters premises under a valid
licence, such as a ticket, the licensor cannot arbitrarily revoke the licence without
justification. If they do and forcibly remove the licensee, it may lead to a clam in trespass
(Hurst v Picture Theatres Ltd). The revocability of a licence also depends on the contract’s
terms; if the licence is intended to endure for a specific period or purpose, it may not be
revocable, and a licensee may seek equitable remedies to enforce it if the licensor breaches
the agreement (Winter Garden Theatre (London) Ltd v Millennium Productions Ltd).
Furthermore, a licence that is necessary for the licensee to perform contractual obligations,
such as completing construction, cannot be revoked arbitrarily. In such cases, courts may
grant injunctions to prevent interference with the licensee’s rights (London Borough of
Hounslow v Twickenham Garden Developments).

Upon termination, a licensee must be given time to vacate before being treated as a trespasser
(Winter Garden Theatre v Millennium Productions). Remedies for wrongful revocation
include damages for breach (Wood v Leadbitter), injunctive relief (Verrall v Great Yarmouth
Borough Council), or claims for assault if force was used (Hurst v Picture Theatres).
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The question "are they licensees or guests?" is misconceived. These aren't mutually exclusive categories. A licensee is someone who is in your property with your permission (so, not a trespassser) but who doesn't have a tenancy agreement (so, not a tenant). Guests are, or can be, one kind of licensee, but other kinds are also possible.

A lodger in your home is there under a contractual arrangement — he pays for accomodation in your home. The contract may or may not be in writing. (For practical reasons it is wise to put it in writing, but there's no legislation that says that it must be in writing.)

The contract between the lodger and you isn't regulated or protected by the residential tenancy legislation. It is, nevertheless, subject to the ordinary rules of law that apply to any contract, and it's generally enforceable on its own terms. So if the contract stipulates a notice period, that notice period must be observed. If the contract doesn't stipulate a notice period, the courts will (in the event of a dispute) imply a reasonable notice period.
 
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