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MARTINT330
MARTINT330,
Category: Republic of Ireland Law
Satisfied Customers: 2050
Experience:  Expert
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I have one friend living in my house while I was working

Customer Question

Hello,
JA: Hi. How can I help?
Customer: I have one friend living in my house while I was working abroad. With no rental contract. But was giving some money each month to use my household items. As no deposit was made. Now I'm going to stay abroad and want to sell my house. But she doesn't want to leave. What steps do I need to take?
JA: Where are you? It matters because laws vary by location.
Customer: I'm in Spain and my house is in Ireland
JA: What steps have you taken so far?
Customer: I have just spoken with her and sent her a text that I have found someone to buy the property. And that she can have 3 months to find somewhere new.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: She has said the heating is broken and won't warm the house. But I have coal and wood fires and also solar. Both she won't use. And tells me to add a different hearing system. Otherwise, no!
Submitted: 8 days ago.
Category: Republic of Ireland Law
Customer: replied 8 days ago.
Hello, thanks you for sending it on.
Expert:  MARTINT330 replied 8 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 8 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 8 days ago.

Whether you’re a tenant or a landlord, if you’ve entered into a situation where a property is being rented out without a written tenancy arrangement specifying the terms and conditions of the tenancy, you’ve ultimately created a verbal/oral tenancy agreement. As soon as you allow a tenant access to your property and accepts rental payment, a verbal contract is formed. It is still a legally binding contract, and your friend is entitled to statutory rights including water, heating, a safe environment etc.

Expert:  MARTINT330 replied 8 days ago.

Since she does not have a fixed-term tenancy, you can ask her to leave during the first 6 months without giving a reason. You must serve a valid written notice of termination and give her a minimum 90-day notice period.

Expert:  MARTINT330 replied 8 days ago.

Is there anything else I can help with today?

Customer: replied 8 days ago.
Hello, thank you for the reply.Is there any way of a breach of verbal contract.She has a so called dog rescue. The dogs were meant to be in the shed outside. But I have heard from people she has let some inside.And also as she will not heat the house. Thought solar or fire parts of the house have gotten damp.She also won't let any builder in to repair the situation.
Customer: replied 8 days ago.
Which termination of contract would be best suited in this situation?
Termination due to me selling the house.
Or does the reason matter?
Expert:  MARTINT330 replied 6 days ago.

If you have specifically prohibited the keeping of animals in the home then this would be a breach yes. You are better listing all the breaches on the order.

Expert:  MARTINT330 replied 6 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.