Moving out query

Dudess

Hi. I'm moving out of my current accommodation, but I don't think I'm going to find it easy to let the room that will become vacant since it's extremely small. It's up to me to find a replacement tenant, though. That's the only way I'll get my deposite back. But when I have to go, I have to go. If I can't find anyone on time, is there any way I can just get my deposit back off the landlord and let him find another tenant?

smashey

If you contract is up, then surely it is up to the landlord to find a new tenant.

Kintarō Hattori

Is it in your lease that YOU have to find a new tenant? If not then it's up to the landlord and you're entitled to have your deposit back. I am no expert, but it just sounds like a lazy landlord.

Dudess

Unfortunately it is up to me to find a replacement tenant. That in itself is the contract. I find a replacement, they pay me the deposit. When they're moving out, they find a replacement who pays them the deposit. It's just a way of ensuring that the landlord doesn't have any break in rent payments.

smashey

I'm not in the legal profession, but I think that contract is a piece of sh*t. Basically, the landlord lets the room perpetually without having to do anything. He certainly has a brass neck. The whole idea of renting somewhere is you will eventually move on and he knows it.

Dudess

Oh, he's a money-grabbing freak. I own a property in Cork and if someone has to move out and they can't find a replacement, then it's cool by me to have a gap in rent payments for a while - once they give sufficient notice (a month is plenty). I don't think I'm being generous or anything. It's just logical that sometimes there isn't anyone out there to take a room, but there obviously will be soon enough. A lot of landlords don't seem to be aware of this, though.

FillSpectre

Dudess wrote:

Oh, he's a money-grabbing freak. I own a property in Cork and if someone has to move out and they can't find a replacement, then it's cool by me to have a gap in rent payments for a while - once they give sufficient notice (a month is plenty). I don't think I'm being generous or anything. It's just logical that sometimes there isn't anyone out there to take a room, but there obviously will be soon enough. A lot of landlords don't seem to be aware of this, though.

Not really he is perfectly entitled to do this and the fact you don't do it actually suggests you have no business sense. If the agreement is for a fixed period of time and somebody breaks that agreement the person breaking the agreement should pay.

Dudess

FillSpectre wrote:

Not really he is perfectly entitled to do this and the fact you don't do it actually suggests you have no business sense. If the agreement is for a fixed period of time and somebody breaks that agreement the person breaking the agreement should pay.

But if a person has to go, they have to go.

aniascor

I can see where you are coming from saying "if he has to go, he has to go" - but what is the point in a lease if you can just walk out on it with no repercussions?

antoinolachtnai

What kind of tenancy is this? I mean what are the circumstances? Is the landlord living in the house? Is it a shared house? How long have you been there? Did you agree a term?

If you are one of a number of tenants on the same lease, it's a slightly different thing.

From what you have described, this sounds like it might be a bit of a lark. However, I don't know how you are going to recover your deposit, practically speaking. You could go to PRTB or small claims, but it's a question of whether it's worth the hassle.

Another thing you could do is to not pay rent for the final month of your tenancy. They can't really evict you without applying to the court or the PRTB and all the rest of it. However they could make life pretty difficult for you so you would want to have a fallback position. This is a dirty business, but it might be the most practical thing to do if you really need the money.

Dudess

aniascor wrote:

I can see where you are coming from saying "if he has to go, he has to go" - but what is the point in a lease if you can just walk out on it with no repercussions?

Well yes, absolutely, if insufficient notice is given. I'm not going until mid-July. I'm not saying I definitely won't find a replacement but there's a very strong chance I won't.

aniascor

So just to clarify, are you breaking a lease? What was the duration of that lease - or was it open-ended? If it was open-ended, I'd say you are giving plenty of notice, and should not be obliged to replace yourself in the house.

The best thing to do is talk to Threshold, explain your situation, and find out what your rights are.

Dudess

aniascor wrote:

So just to clarify, are you breaking a lease? What was the duration of that lease - or was it open-ended? If it was open-ended, I'd say you are giving plenty of notice, and should not be obliged to replace yourself in the house.

The best thing to do is talk to Threshold, explain your situation, and find out what your rights are.

Cheers. There isn't a lease as such. If a person wants to leave this particular house, they can move out any time they like - two weeks after they move in if they want - provided they find a tenant to replace them. Therein lies the bond. All well and good, but surely the landlord has to make allowances for the possibility that the tenant (once they have given enough notice) won't be able to find a replacement before the date on which they have to leave. Sorry for repeating myself.

The_Conductor

Is there actually anything in writing- and if so what exactly does it say?
I.e. Are you officially leasing the house, as a whole, with the rooms sublet to other tenants?
What is your connection to these other people- are they friends of yours, or are they miscellaneous people gathered together for conveniences sake?

You do have rights irrespective of whatever "bond" your landlord has over you. If there is no formal lease, and no clear mechanism stating your obligations as Landlord and tenant, then you should not have a problem.

I find it a bit bizzare that you should be held responsible for the actions of another person who may have nothing whatsoever to do with you.

Threshold have a very good set of guidelines for people who have difficulty with deposits (as per: http://www.threshold.ie/page.asp?menu=74&page=218 )

1. Only hand over money when you're happy with the accommodation. Always get a receipt.

2. All rent and bill payments must by law be recorded either in your rent book or by receipt if you have a lease.

3. Your landlord must give you a list of all furniture and appliances provided. The Threshold rent book provides space to note these items and their condition.

4. Take photographs of every room including any damaged items when you move in. Ask your landlord to sign and date them.

5. Look after your accommodation and promptly inform your landlord of any repairs needed. Allow the landlord access to make repairs.

6. Give appropriate notice when you are leaving.

7. Make sure that all rent and bills are paid.

8. When you leave, your landlord must promptly return your deposit. The landlord may only keep some or all of the deposit to cover rent arrears or the costs of repairing any damage above normal wear and tear.

9. Remember your rent deposit belongs to you, not to the landlord.

10. If your landlord fails to return your money or makes unfair deductions, contact Threshold immediately:


21 Stoneybatter, Dublin 7
T: 01 678 60 96
email: info@threshold.ie

22 South Mall, Cork
T: 021 427 88 48
email: threshold@eircom.net

3 Victoria Place, Merchants Rd., Galway
T: 091-563 080
Email: thresholdgalway@eircom.net

Dudess

Thanking you most kindly, smccarrick. You've been a great help. To answer your questions: No, I am not leasing the house as a whole with the rooms sublet to other tenants, and we are just a bunch of miscellaneous people.