Unregistered Tenancy Query

martian1980

Hi all,

I moved into a houseshare in February, and signed a contract, which the landlord did not bother to collect. The bedroom window does not close properly, and there have been a few other problems with things in the house that have not been repaired, despite raising them with the landlord frequently. I paid a month's rent as a deposit directly into the landlord's bank account. I now see that there are several nice places available for rent very close by for upto 100 euro less per month. I was thinking about upping sticks and moving nearby. What would be the legal standpoint regarding getting my deposit back?

Thanks for reading.

athtrasna

Your thread title is misleading as it implies your question is PRTB related.

Is the contract for your room only? Is it a fixed term contract? These might have some impact but I imagine you have little or no chance of getting your deposit back if you just "up sticks".

martian1980

Thanks for the reply. The contract is in respect of one bedroom only. the house is registered with the PRTB, but the contract for my room has not been signed by the landlord & sent back to the PRTB. For a tenancy to be registered, it has to be signed by the landlord and the tenant, and that has not happened. The contract was for one year. The deposit is only to be used in respect of damages above normal wear and tear. Would that fact that there's no signed contract allow me to leave with a month's notice and get my deposit back?

bobbiw

martian1980 wrote: »

Hi all,

I moved into a houseshare in February, and signed a contract, which the landlord did not bother to collect. The bedroom window does not close properly, and there have been a few other problems with things in the house that have not been repaired, despite raising them with the landlord frequently. I paid a month's rent as a deposit directly into the landlord's bank account. I now see that there are several nice places available for rent very close by for upto 100 euro less per month. I was thinking about upping sticks and moving nearby. What would be the legal standpoint regarding getting my deposit back?

Thanks for reading.

People who do something like that make me sick to my stomach. Fortunatly the good news is that they never make much of their lives.

People signed a contract and agreed on a price, if rents went up they still had their contract.

Now they want to walk out on it.

I fear this sentiment is why Ireland may go bankrupt, morally repulsive people.

This is not a comment about the OP but about people who want to walk out on contracts.

martian1980

bobbiw wrote: »

People who do something like that make me sick to my stomach. Fortunatly the good news is that they never make much of their lives.

People signed a contract and agreed on a price, if rents went up they still had their contract.

Now they want to walk out on it.

I fear this sentiment is why Ireland may go bankrupt, morally repulsive people.

This is not a comment about the OP but about people who want to walk out on contracts.

Thanks for the reply there bobbiw. Perhaps I should clarify - there was no signed contract. The landlord brought one over, and did not sign it or collect it. There is no written contract in place. Over the intervening couple of months, I have considered the contract and decided that between the pace at which he carries out repairs and the rents in the area, I am not prepared to agree to it. I contacted the landlord and he as renegotiated the rent downwards, so everyone is happy. We have now both agreed and signed a revised contract.

So, regarding your comment about moral bankruptcy etc., I presume it does not apply to me, since there was no written contract in place, and the length of the contract was not set in the initial verbal agreement

The_Conductor

martian1980 wrote: »

Thanks for the reply there bobbiw. Perhaps I should clarify - there was no signed contract.

Lack of a signed contract is not 100% accurate. According to you the tenancy is registered with the PRTB. In the absence of a continuation to this tenancy- simple lapsing of the contract does not end the obligations outlined in the contract by either the tenant or the landlord. If you want to go down the road of stating you 'do not have a lease' you will be considered to have a Part 4 tenancy, under the meaning as denoted in the 2004 Residential Tenancies Act.

Regardless- sufficient notice will have to be properly served (in writing) to the landlord, and the terms of the pre-existing lease *may* continue to apply.

Ps- please change the title of this thread- you are inferring illegal activity on the part of the landlord- this clearly is not the case.