Guest Occupancy Agreement (Ireland)
A guest occupancy licence that permits a person to stay without creating a tenancy or security of tenure. Covers house rules, liability and permitted length of stay, and reflects Ireland's licensee (Rent-a-Room / digs) position outside the Residential Tenancies Act.
What's included
- Clear licence, not tenancy, basis
- Owner-resident / Rent-a-Room context
- Permitted length of stay
- House rules and shared-space conduct
- Fee and contribution terms
- Liability and belongings clause
- Reasonable notice to end the licence
- Signature block for occupier and provider
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๐ฎ๐ช Local law notes โ Ireland
In Ireland, a guest or lodger sharing the owner's own home (a Rent-a-Room or 'digs' arrangement) is a licensee, not a tenant, and falls outside the Residential Tenancies Act 2004 and RTB registration, so no Part 4 security of tenure arises. The provider need only give reasonable notice as agreed, but must never resort to illegal eviction and must act within the general law. The Rent-a-Room tax scheme may give the provider income-tax relief but does not change the licence nature of the arrangement.
Inside the document
1. Parties and Accommodation
This Agreement is between the Provider/Homeowner and the Guest/Occupier named below for occupation of a room and shared use of facilities at the stated address.
2. Licence Only โ No Tenancy
The Guest occupies as a licensee, not a tenant. Because the Provider resides in the same dwelling (a Rent-a-Room or 'digs' arrangement), the Residential Tenancies Act 2004 does not apply and no Part 4 tenancy or security of tenure is created.
3. Permitted Length of Stay
The licence runs for the period stated. It may be renewed by agreement but does not become a tenancy through the passage of time while the Provider continues to reside in the dwelling.
4. Fee and Contributions
The Guest pays the stated weekly/monthly contribution toward accommodation and shared costs. Any Rent-a-Room tax relief available to the Provider does not alter the licence nature of this arrangement.
5. House Rules
The Guest agrees to reasonable house rules on cleanliness, noise, guests, cooking, and use of shared areas, and to respect the Provider's home and other occupiers.
6. Access and Privacy
As the Provider resides in the dwelling, the Provider retains access to shared areas at all times and to the Guest's room on reasonable notice for cleaning, repair or inspection, except in an emergency.
7. Liability and Belongings
The Guest's belongings are kept at their own risk, and the Provider is not liable for loss or damage except as required by law. The Guest is responsible for damage they cause beyond normal wear.
8. Ending the Licence
Either party may end the licence on the reasonable written notice stated (for example, one to four weeks). As this is not a tenancy, statutory RTB notice periods do not apply, though the Provider must act lawfully and give reasonable notice.
Frequently Asked Questions
Does a lodger or guest have tenant rights in Ireland?
Generally no. Where the owner lives in the same dwelling under a Rent-a-Room or 'digs' arrangement, the occupier is a licensee, not a tenant, and the Residential Tenancies Act and RTB protections do not apply.
How much notice must I give a guest to leave in Ireland?
Because a licence is not a tenancy, statutory RTB notice periods do not apply. You should give the reasonable notice agreed in the licence and act lawfully, avoiding any illegal eviction.
Can a long stay turn a guest into a tenant in Ireland?
While the owner continues to live in the same dwelling and the arrangement remains a genuine Rent-a-Room/digs licence, length of stay alone does not create a tenancy. If circumstances change (for example, the owner moves out), legal advice should be taken.