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Problems with housemate

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  • 02-03-2009 1:32pm
    #1
    Caroline_ie
    Registered Users Posts: 5,400 ✭✭✭


    Hi -

    3 years ago i signed as rent contract with a friend, a House for 100/months shared. I have had a few problems with this housemate lately and I have no other choice but to move out.

    can someone explain to me how I go about getting out of the shared contract? Do I need to find a replacement of that's my housemate's job, the landlord? I am being bullied big time by the housemate and i really think this is going to cost me ...

    Thanks ;)


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    #2
    ZYX
    Registered Users Posts: 882 ✭✭✭ZYX


    How long was the contract you initially signed? If it was for 1 year contract and you haven't signed any other contract then just leave. Be polite though and give one months notice to landlord in writting.


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    #3
    Caroline_ie
    Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    ZYX wrote: »
    How long was the contract you initially signed? If it was for 1 year contract and you haven't signed any other contract then just leave. Be polite though and give one months notice to landlord in writting.

    Yes, just 1 year back in 2005. So i am allowed to leave and leave the housemate and the landlord work out what needs to be done? So, I need to inform the landlady in writting and leave a months notice... and I won't be in trouble ... ?


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    #4
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Your contract was for one year and has expired. It is your housemates problem she didn't get you to sign new contracts.

    I think one months notice is reasonable.


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    #5
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭Victor


    Unless you can get agreement, section 61(1) of the act probably applies. If you have been ther emore than two years, you need to give 56 days notice. http://www.prtb.ie/DownloadDocs/FullAct.pdf

    You could of course nominate a replacement.


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    #6
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    If you both signed the one contract, then you are both liable. Between you and your flatmate, you're going to have to work out how to get someone new in.


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    #7
    Caroline_ie
    Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    Thx - i read the agreement - It says ; It is hereby agreed that a notice to quit givinng 28 days notice expiring on the last day of any calendar month shall bd valid notice to quit'

    The agreement was signed on March 6, 2006 and the term was 1 year. i do not see any note that mentions an automatic renewal.

    Me and the housemate both signed it - he is being quite nasty atm with me and I am sure he will be bullying me again.

    Who is responsible for giving me my deposit back and who is supposed to go over the room I am leaving behind?

    Who do I give a notice to?

    thx


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    #8
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    Your housemate or the replacement person needs to give you your deposit. The landlord needs to accept the new replacement tenant (which he can't refuse without a good reason).

    Realistically, there's no point in you going looking for the replacement. Your housemate needs to find someone he/she can live with.

    If you can't find someone and you just need to get out, you can tell your housemate that it isn't working out and that you should both call it a day and give your notice to the landlord.


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    #9
    Caroline_ie
    Registered Users Posts: 5,400 ✭✭✭Caroline_ie


    I just called the citizens info line *(my god they're really nice ) - and they told me to give the letter to the Landady that will will give me the deposit back, not the housemate. It is going to be hard for him to live with anyone since he is a 'psycho' bully. Yesterday he made a list of all the things in the house he had purchased ( things that he bought like pots and pans etc because he didn't like the ones that came with the house ) and ordered me not to use them - TV, toaster, etc... and wants me to sign at the end the list. I told him to go have a look in the mirror because that was just too funny -

    If I end the tenancy and hi wishes to remain n the premises, then I think I am right thinking that a new agreement has to be signed to his name only? And that the letter I am writing will end a joint agreement? So in theory, the landlady has to come and visit the premises before she rents it out again to him only?


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    #10
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    Citizens Information is not necessarily correct. The landlord would be very foolish to give you back your deposit without getting vacant possession of the entire apartment.

    A new agreement doesn't necessarily need to be signed. Someone can take your place on the lease. It almost amounts to the same thing, it's a subtle difference.

    The letter you will write will be ineffective if the landlord doesn't want to give you your deposit back (she'd be unwise to do so).


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