Tenant moves in Friend. Rights of that friend?

T

Tadaima

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My tenant has a boyfriend who seemed to be in the property a lot as her guest. I questioned this casually when doing repairs and was told the boyfriend had his own property and when he stayed over he was her guest. I agreed this was not my business as the tenant is entitled to peaceful enjoyment of the property and to guests. A few months into Covid, the boyfriend admitted he was living there full time with various lengthy sob stories. I turned a blind eye as Covid progressed, as I didn't want to cause anyone misery during Covid and I understand the law does not permit me to move him on during it anyway. It is well over six months. What rights, if any does this boyfriend have? He has not asked to be on the tenancy and I do not want him on it as he is a high maintenance and difficult character. Can I ask him to leave before or after the end of Covid? If he refuses, what authority can I use to get him out.
 
If you aren't happy with this person, I'd give tenant warning notice; subletting is in contravention of lease.

Be prepared to serve eviction notice to be enacted when COVID provisions lapse.
 

im pretty sure the friend would attain rights after a period of time had elapsed regardless of whether they had anything on paper with you so its something that needs to be looked into and dealt with
 
You cannot evict a tenant during covid, it does not appear that the boyfriend is a tenant.

I suggest writing to your tenant and telling her that while she is entitled to have guests, she is not entitled to allow someone to live full time in the house.

If you don't the boyfriend may well acquire some claim to being a tenant.
 
I actually have given an eviction notice to the tenant, but the process now has an extra 4 to 5 months added to an already long time period because of Covid. Can I get him out before the eviction period ends as he is not a tenant or can she keep him on until her time is up as her guest? She says she is not subletting as he is not paying her anything. This seems to be a grey area where landlords have no control. Covid seems to have created a kind of loophole here. Feel I'm being played. Don't want to be an eejit and let them away with it, at the same time don't want to cause a bad relationship which could cause more trouble at the end of the notice period+.
 
Covid has nothing to do with the boyfriend.

There is nothing grey about it, he has no right to live there.
 
You will find it next to impossible to prove he is living there.

If this goes to the RTB you need a paper trail. Write her letters by registered post reminding her that he is not entitled to live there full time.
 
Well it seems I’m a much more relaxed landlord than many of you. I have no idea who or what my tenants are up to as regards living arrangements because I don’t want to know. But I do know this, it’s amazing how tenants manage to live in spaces not designed for so many people.
 
It is a large house, in a cheaper part of the country with low rent. The whole area is on HAP. That is the market......and (I don't like saying it, after trying to be open minded)....the risk. We bought cheap and rent cheap, but the return on investment on paper is excellent. First time dealing with this market after letting to professionals in another market for years. The return on investment is good but the risk too great. When and if I hopefully sell it, I will NEVER rent in this market again.
 

ive a two bed terraced town house in Limerick city where if managing a place yourself , HAP would be the only option , i chose instead to lease to the council for ten years and avoid having to deal with tenants at all , handed keys over in july 2018 , have never had to spend a penny on it since and rent is there every month.

no choice is perfect with housing and plenty of downsides but for me this option was the best for cheaper housing
 
The boyfriend is he"guest". If he appearing to be staying full time and quite a long time you need to deal with your official tenant and if it is rented on HAP theoretically they could be means tested. Absolutely no way can you be seen to approve of it if you are not happpy with him. RTB will not get involved in a Tenant V Tenant situation. Do not accept any form of payment from him or approval of him being there. To a point he is a tresspasser and she is in breach of her obligations as a tenant. You need to be firm wit her.
 
Tread carefully OP. I had similar situation with a former HAP tenant and when I eventually had to confront the boyfriend directly after repeated requests to get him to leave, he feigned an epilepsy attack (laughed in my face after frightening the life out of me) and threatened to call the guards for ‘provocation’. Took a couple of years to sort and the RTB were no help whatsoever.
 
This is the kind of behaviour I could be dealing with based on the tenant's boyfriend's attitude. I don't want to do anything that will invite misbehaviour from him. This is someone with nothing to lose whereas I have a lot to lose. I think I will leave him until level 5 Covid is over and then wait out the rest of the notice, then go through the RTB system with a solicitor too.
 
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