Nope they are a guest.
Terry Gorry video on his difficulty getting rid of a non paying tenant
- Thread starter bipped
- Start date
As the property owner you have no relationship with your tenants guests.
Risk is no different.
Indeed. The market sets the rate.
And the problem is?
Tenants tax affairs are not your concern.
Fair enough.
That's not my point. It is that you are giving the tenant a risk free opportunity to make money for them, not you the owner, that ultimately bears the risk, for no additional reward.
I still don't see how what you do adds any value to you
You always seem defensive. My position is why would you give someone the opportunity to make this income off your asset, and to labour the point, risk free (for them)
That's true, but not my point. You are potentially giving them an income which may or not be declared, while you are exposed to all costs and upkeep associated with the property. The sole tenant must be delighted to have such a generous landlord.
Clearly we differ on views here, but I see no benefit in allowing a tenant to sub-let.
That's ok, you do you!
Dr Strangelove
Registered User
- Messages
- 2,764
An acquaintance lives 150km away but works near you and you give them the spare bedroom for €25 a night as and when needed. They keep a change of clothes and a toothbrush in your house. They have a set of keys but always inform you when they are coming.
For sure they are not a tenant. But are they a paying guest or a licensee?
Does this prohibit a sub-let by a tenant while they are still in the dwelling?
S32. (2) The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.
(3) Any such sub-tenancy purported to be created is void.
Maybe @DannyBoyD can answer this.
Edit ...he has answered before I posted above.
I dont understand his definition of guest where they are paying to stay. Guests in my home don't have to pay to stay.
balders93
Registered User
- Messages
- 213
A licensee has contractual permission to enter a property. Even in the €25 a night example above, that €25 is consideration for access to the property, if mutually agreed and understood as to being payment for the access beforehand. If you'd let them stay regardless of payment and it was a sincere gesture not agreed before sure it'd be a guest.
That's the same as a licencee.
In my limited opinion, having to pay to stay (with consent) changes the whole equation.
The brevity of your replies does not help . Clearly you have advice or knowledge that gives you that certainty...care to explain so others can understand how your 'guest' in a private home is not actually a 'licencee' in a private home.
Dr Strangelove
Registered User
- Messages
- 2,764
What would have to change in the above scenario for them to be classified as a licensee?
If they are paying rent to the main tenant, they are https://threshold.ie/threshold-launches-licensee-report-highlighting-invisible-renters-with-minimal-rights (licensees) of that main tenant.
1. Its a report, not legislation
2. Even this report puts the word in quotes.
3. Report is clear that sharers have the legal status of guests; that is they are there with permission of host and can be asked to leave at any time.
And I am done. If you want more, read all the posts I have already written.
2. Even this report puts the word in quotes.
3. Report is clear that sharers have the legal status of guests; that is they are there with permission of host and can be asked to leave at any time.
And I am done. If you want more, read all the posts I have already written.
Wow really! Thanks for that.
OK, when do you think the legislation means when talking of licensees in the Residential Tenancies acts?