Is a lodger in my house a "licensee"?

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DannyBoyD said:
Indeed. However your guests cannot sue you to be allowed to stay at your property against your wish.
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Well, generally not. What they can do is seek damages for breach of contract. The measure of damages will be the cost to them of securing comparable accommodation in place of the accommodation that you have denied them.

Plus, if the licence is for a set term (e.g. six months) and you try to terminate it early in breach of its terms, they can look for an order compelling you to perform your contract and admit them to the property until the contractual term expires. But the remedy is discretionary; if the property is your own home the court is unlikely to grant that order and award them some other remedy instead (e.g. you have to cover their costs staying in whatever alternative accommodation they can get in the neighbourhood, which might not be comparable accommodation — if all they can get at short notice is a hotel, then you may end up paying their hotel bill, if you throw them out in breach of the licence terms.)

Also, while they generally can't stay at your property against your wishes, they are entitled to reasonable time to vacate.
 
DannyBoyD said:
Morally and ethically, yes. Legally, no.
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Depends. This is one of the reasons why your licence should be in writing.

If you don't have it in writing, and your lodger is (let's say) a student who you both know will need accommodation until the end of the academic year, then the courts are likely to imply a term into your licence that says that you won't terminate the licence before the end of the year, unless the licensee is violating the terms of the licence in a way that make it reasonable for you to terminate it — e.g. bringing back guests when you're not there, smoking, damaging the property, misbehaving towards you or other licensees.

There's no default presumption that a licence is terminable at will for any reason or none at all. If there isn't an express termination provision the courts will imply a reasonable one, and what is reasonable will depend on the factors and circumstances of the case, the parties' shared intention or presumed shared intention in entering into the licence, etc. It's very, very unlikely that the courts will reckon the lodger intended to enter into a licence under which you would be entitled to throw him out because you decided you didn't like the colour of his eyes.

So, if you really want a licence that is terminable at will without notice, you have to put that in writing. And, even then, the courts will imply a term reflecting the parties' shared expection that they would each behave reasonably towards the other, so if you exercise your power to terminate at will in a capricious, oppressive matter, there's a good chance they'll find a remedy for the licensee.

You're probably better off with a licence agreement that sets a term and allows early termination without notice on stated grounds, or in stated circumstances — bringing in guests without permission, smoking, payment in arrears by more than 7 days, misbehaviour towards others in the house; that kind of thing. That creates a quite a clear set of specific shared expectations, and leaves much less room for the courts to imply terms that they think reasonable.
 
@TomEdison - find me a judgement from an Irish Court that meets the criteria.

Private home
PPR of owner & owner resident
House sharer sues property owner
 
Till now I was working on the asscumption the lodgers were "paying guests" and I had total control of our stuation.
I never asked for a deposit, never mind having a contract! I'm just realising how fortunate I have been with my lodgers, and I will have to think very carefully if one leaves, before taking anyone new.
 
If a licence arrangement is terminated without cause or reasonable notice, a licensee can sue (typically using the small claims procedure) for the return of any deposit or rent paid for which no accommodation was provided.

Tenants clearly have much more protection than licensees but to say that licensees have zero rights is not accurate.
 
Do you mean a written judgement?!

You are obviously not familiar with the small claims procedure…
 
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Sigh.

Again, if a license arrangement is terminated without cause or reasonable notice, a licensee can sue for the return of any deposit or rent paid for which no accommodation was provided.

A licensee does not have the statutory rights of a tenant but they do have contractual rights that can be enforced.
 
@Sarenco - we are not disagreeing - however the guest can be asked to leave at any time, that is the primary point here they have no rights of residency.
 
@DannyBoyD

A guest can indeed be asked to leave at any time.

But a (rent paying) licensee is entitled to reasonable notice.

There’s a difference between the two positions.
 
Has anyone reading this thread (including several posters who would seem to be legal practitioners) ever heard of a successful case in the District Court in Ireland of a licensee receiving a remedy for being asked to leave a dwelling?
 
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balders93 said:
It's up to them
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I figured as much but you know when people start with the whole 'I have rights lark' you start to doubt yourself.
He is now becoming very difficult so marching orders time.....

Also seems to think he can't be kicked out of my home with zero notice!
 
Dr Strangelove said:
Has anyone read this thread (including several posters who would seem to be legal practitioners) ever heard of a successful case in the District Court in Ireland of a licensee receiving a remedy for being asked to leave a dwelling?
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What is this now?
 
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