Person renting room in house refusing to move out

S

SomeRandomer

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So I have a 4 bedroom / 2 bathroom house in Dublin that's registered as my PPR and the bills are in my name. There are 4 people in the house and I rent each bedroom individually to people for short or long term, and they share the kitchen and cleaning of the common spaces etc. I was living abroad for several years and moved back in March 2020 and also rented rooms individually while I was away. In January this year the house became my PPR but I haven't stayed there as I can work remotely with my job and I've been staying in my home town in the north west looking after an elderly relative that hasn't been well.

A girl moved in on March 15th and things were fine for a while, but she started a couple of rows with others in the house, and one night in late June she had a friend around that got abusive and had to be removed from the house. So for these reasons I gave her 4 weeks notice at the end of June to move out by August 1st, and shortly after my cousin asked had I a spare room as she was starting a new job on August 2nd, so I gave this as another reason.

Eventually she said she found another place from August 1st and would move out, but on July 23rd she said the agency informed her there was a delay and that her new place won't be available until August 23rd, and she needs to stay in the room until then. I told her this wasn't possible and she replied with quotes from the RTB website saying I'm required to give her 3 months notice and my behavior was unlawful. I replied saying she was a licensee and not a tenant with links to the RTB site showing the definition of licensee:

https://www.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/licences

and also to citizensinformation.ie showing the rights a licensee has when renting an individual room from the owner of a property:

https://www.citizensinformation.ie/...sharing_accommodation_with_your_landlord.html

So she's now stopped replying to my messages and doesn't answer my calls. I'm not in Dublin at the moment but another person in the house told me she's still there. I had told my cousin she could move into the room on August 1st but now she can't and has to stay in a hotel.

So some questions:

- am I correct in saying that each person in the house is a licensee? Point 3 in the link to the RTB website above seems to indicate this

- what are my rights if I want to get this girl to leave. I'll be in the house next weekend, can I pack her stuff and store it somewhere?

Below is the agreement I signed with her when she moved in. All advice appreciated.

********
Letting Agreement​

Name: Term: 15/03/2022 for at least 6 months

Rent: Deposit:

- You agree to pay the rent on a monthly basis by the 27th day of the month to arrive in rental account by the first day of the following month.

- You agree to pay your share of the utility bills (electricity and heating only – Wi-Fi, bins, and TV are included in the rent).

- There is a one month notice period when moving out. The deposit will be returned fully once there is no damage to the house and all outstanding bills are paid. The deposit cannot be used as rent for the final month.

- You agree to show the room to the next prospective renter when moving out, or to facilitate viewings of the room for the next prospective tenant.

- You agree to maintain the garden and the cleanliness of the house and respect the privacy of others in the house.

- You agree to facilitate occasional visits of plumber or other tradespeople if necessary e.g. if some plumbing work needs to be done or delivery of new appliances, etc.

********
 
Your first problem is that you seem to have in place a Letting Agreement and not a Licence Agreement. This suggests a tenancy, which will have to have been registered with the RTB. Be careful how you proceed. Get legal advice. If it transpires that your agreement with the tenant is not a licence and is in fact a tenancy, this could open up a world of trouble for you if you haven’t registered the tenancy with The RTB as you’re obliged by law to do.
 
SomeRandomer said:
In January this year the house became my PPR but I haven't stayed there as I can work remotely with my job and I've been staying in my home town in the north west looking after an elderly relative that hasn't been well.
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I'd also take a look at the definition of a PPR on the revenue website, and be careful what you are claiming for, you could potentially run into trouble there too down the line. I'd get all your ducks in a row there in terms of hard dates that you actually lived there.
 
Rasputin said:
I'd also take a look at the definition of a PPR on the revenue website, and be careful what you are claiming for, you could potentially run into trouble there too down the line. I'd get all your ducks in a row there in terms of hard dates that you actually lived there.
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It's unlikely to be his PPR. Which means his letting is most likely a tenancy. What a mess.
 
How can this be your PPR if you are not living there and have not done so for years? You say the house is registered as your PPR but with whom or which organisation? I live in my PPR full time, I have never registered it with anybody.
 
Mocame said:
How can this be your PPR if you are not living there and have not done so for years? You say the house is registered as your PPR but with whom or which organisation? I live in my PPR full time, I have never registered it with anybody.
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It's my address on revenue.ie
 
If you don't occupy the premises as your only or main residence, it's not your PPR. It sounds like you have provided this address to Revenue as your address for correspondence. If you have notified Revenue that it's your PPR when you don't live there, then that could pose difficulty for you.

Your tenant has quoted the RTB website to you, which means that if she goes down the line of complaining to RTB on the basis of improper notice, you might be in trouble.
 
On mature reflection, and after checking my diary, I now see that I have been staying in the house one night per week since early last year.

This girl moved in to the house on March 15th, and a friend of hers on April 1st. Both are long haul cabin crew and are away from the house a few nights every week. Other occupants of the house can corroborate that I have been staying there.

As stated previously I've also been staying in my home town in the north west looking after an elderly relative, and my job allows for remote working.
 
SomeRandomer said:
On mature reflection, and after checking my diary, I now see that I have been staying in the house one night per week since early last year.

This girl moved in to the house on March 15th, and a friend of hers on April 1st. Both are long haul cabin crew and are away from the house a few nights every week. Other occupants of the house can corroborate that I have been staying there.

As stated previously I've also been staying in my home town in the north west looking after an elderly relative, and my job allows for remote working.
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I dont think Judge Judy would believe you.

Its not black and white. i know of ppl doing similar or recommending similar to avoid it being rented and instead its per room. Its dodgy if she persues.
 

Restriction if you have not always lived in the property​


You can only claim for the time you lived in the property.


Absences considered as living in the property​


You will be considered to have lived in your property where:


  • you could not live in the property because your employer required you to live elsewhere (up to a four-year maximum.)
  • you had a job, all the duties of which were performed outside the Republic of Ireland
  • your PPR remained unoccupied and you were either:
    • receiving care in a hospital, nursing home or convalescent home
    • resident in a retirement home on a fee-paying basis.
Click to expand...
 
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