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Rent a room scheme - advice needed

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  • 04-09-2009 1:38pm
    #1
    PollyK
    Closed Accounts Posts: 4 ✭


    Hi,

    Hoping for some advice.
    I rented a room in my house to a guy in June but due to unforeseen circumstances I had to ask him to leave last week. I explained the situation and gave him over a months notice. His rent was also 5 days late when I gave him the notice. I left it 2 days and then asked for the months rent that was due (it was a week late at this stage). He refused to pay rent or oustanding bills which total more than the deposit and left my house 2 days later.
    He is now refusing to return my keys until I give him back the deposit.
    He is also threatening to take legal action.

    I believe that he has no right to the deposit until all outstanding rent and bills are paid and the keys to the house are returned.
    Has anyone been in a similar situation and can advise if he has any rights? There is no lease or written agreement in place so I don't believe he has any entitlements.
    He has also now threatened to sit in the house and not move until the deposit is returned.

    Any advice would be appreciated, thanks!


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    PollyK wrote: »
    Hi,

    Hoping for some advice.
    I rented a room in my house to a guy in June but due to unforeseen circumstances I had to ask him to leave last week. I explained the situation and gave him over a months notice. His rent was also 5 days late when I gave him the notice. I left it 2 days and then asked for the months rent that was due (it was a week late at this stage). He refused to pay rent or oustanding bills which total more than the deposit and left my house 2 days later.
    He is now refusing to return my keys until I give him back the deposit.
    He is also threatening to take legal action.

    I believe that he has no right to the deposit until all outstanding rent and bills are paid and the keys to the house are returned.
    Has anyone been in a similar situation and can advise if he has any rights? There is no lease or written agreement in place so I don't believe he has any entitlements.
    He has also now threatened to sit in the house and not move until the deposit is returned.

    Any advice would be appreciated, thanks!

    well your mistake is not drawing up a simple agreement for rent a room as its not covered in the same way as a fixed term or part 4 tennancy.

    So with that in mind hes absolutly entitled to have left 2 days after you gave him notice.

    However he owes you rent for those 2 days and week prior to that that the rent was due for.

    He is however entitled to the rest of his deposit back after that once his share of the bills are paid.

    So I envisage he will give you the keys when you hand him the money you owe him back.


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    #3
    PollyK
    Closed Accounts Posts: 4 ✭PollyK


    Thanks a lot for coming back to me on this.
    Completely agree with you and have no problem with him leaving early. The issue of have is that there is nearly the total amount of the deposit owed in rent and bills. Have said that I am happy to return the difference but he says he wants the full amount.

    Does he have any right to keep the keys? I'm inclined to think that he owes rent up to the date that the keys are returned to me.


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    #4
    mathie
    Registered Users Posts: 5,102 ✭✭✭mathie


    "nearly the total amount of the deposit owed in rent and bills"

    Refund him that and ask for the keys.

    If he doesn't accept then then get a locksmith in and change locks.


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    #5
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    PollyK wrote: »
    Thanks a lot for coming back to me on this.
    Completely agree with you and have no problem with him leaving early. The issue of have is that there is nearly the total amount of the deposit owed in rent and bills. Have said that I am happy to return the difference but he says he wants the full amount.

    Does he have any right to keep the keys? I'm inclined to think that he owes rent up to the date that the keys are returned to me.

    I suggest you tally up what he owes and present this detail to him. Advising what is to be returned.

    I cant see how 9 days rent and share of bills can equal almost all of his deposit (assuming you got a months deposit from him) you realise you cant just split the ESB 50/50 for example you have to pro rata it for the time he was in the house

    If he still refuses to return the keys change the locks.

    Keep any receipts for the changing of the locks & the bills that he owed outstanding rent on. Hopefully you have a rent book to show his rent was overdue aswell just in case he decides to go legal (I doubt he will)

    Try and get his refusal to return the keys in either email or a text message aswell and keep it for the above reasons.


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    #6
    Eurorunner
    Closed Accounts Posts: 2,393 ✭✭✭Eurorunner


    You gave him a months notice. Did he pay monthly or weekly? He left before this period - he's not entitled to his deposit back - end of story. Change the locks and move on.


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    #7
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Eurorunner wrote: »
    You gave him a months notice. Did he pay monthly or weekly? He left before this period - he's not entitled to his deposit back - end of story. Change the locks and move on.

    you obviously have no idea how rent a room works :rolleyes:

    OP please ignore this as its so far from reality its mindboggling


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    #8
    PollyK
    Closed Accounts Posts: 4 ✭PollyK


    Thanks guys, have everything down on paper and copies of all bills so guess I'll just wait and see what happens!


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    #9
    Eurorunner
    Closed Accounts Posts: 2,393 ✭✭✭Eurorunner


    D3PO wrote: »
    you obviously have no idea how rent a room works :rolleyes:

    OP please ignore this as its so far from reality its mindboggling
    Have been doing it for over 3 1/2 years so yes, i do know exactly how it works. The lodger defaulted on their rent and on outstanding bills. They also disregarded the notice period given to them.


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    #10
    PollyK
    Closed Accounts Posts: 4 ✭PollyK


    He pays monthly and I gave him 5 weeks notice, His choice to move out sooner.
    Has definately put me off renting the room again!!


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    #11
    Eurorunner
    Closed Accounts Posts: 2,393 ✭✭✭Eurorunner


    PollyK wrote: »
    He pays monthly and I gave him 5 weeks notice, His choice to move out sooner.
    Has definately put me off renting the room again!!
    If he agreed to the 5 weeks notice initially and then took off without letting you know of his intentions, then its even more clearcut - as from your point of view, you didnt have the opportunity to best utilise the room.

    Your No.1 priority should be to get those locks changed asap.

    Also, as regards the 'rent book' d3po referred to, you are not obliged to provide him with one under the rent a room scheme. You are obliged to provide receipts - but only if the lodger requested them.


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