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Advice re subtenancy

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  • 23-07-2010 4:18pm
    #1
    gotyournose
    Closed Accounts Posts: 5 ✭


    I'll try to be as brief as possible explaining the situation, but basically I'm looking for any advice that you can give me in this situation.

    - Renting apartment with BF, both of us on the lease, one deposit to cover us both which was registered
    - on the whole, landlord leaves us be
    - BF has had to move out for great job opportunity
    - Landlord happy to let me pick someone new to share the place, which I did, essentially sub-letting. Landlord also dropped total rent at this point.
    - Landlord never got around to getting a new lease sorted, and didn't return deposit (we didn't ask)
    - We took the deposit from new tenant, didn't register it
    - New tenant paid rent directly to landlord
    - New tenant actually quite annoying and broke several of my own personal items, but I figured I had no rights to do anything about it
    - New tenant now moving out (early) so I've found another replacement
    - Will give back deposit no problem, but has pointed out that what we did was risky in that I wasn't clear of my rights

    So for the new person, should I do this as a pure sub-tenancy and get them to pay me? Should I get a new lease? How should I handle it all to make sure that everyone is treated properly? Can I withhold any of the deposit to pay for the broken items (we're talking Waterford Crystal here)?


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    #2
    variety
    Registered Users Posts: 152 ✭✭variety


    gotyournose wrote: »
    Can I withhold any of the deposit to pay for the broken items (we're talking Waterford Crystal here)?


    I'll start with the easy one - no you can't keep anything back from the deposit. The deposit only covers items at the premises, not anything you brought in with you. You should have contents insurance cover with accidental damage that you can claim from.
    Or just make the new tenant pay - this would be separate from the deposit, though. If you do make deductions from the deposit to pay for the replacement of the items, make sure you get written confirmation from the other tenant that he is happy for you to do this.

    But for the other points, need more information:
    1. What term was the lease (ie 6 months, 12 months)
    2. Does it specifically say it is a Fixed Term lease?
    3. How long were you living there before the BF moved out?
    4. How did you communicate with the LL that you were changing Tenants? In writing? Do you have a copy?
    5. How much was the rent decrease? Do you have this in writing?
    6. When you took the deposit from the new tenant, did your BF take back his half of the original deposit from that?
    7. If BF didn't take back his share of the deposit, it's not up to you to return the deposit, it's up to the LL. You will need to be very careful that the property is left in such a condition that the LL would give you all the deposit back - only the LL can make that call, so would presumably need to come over to the house before the new tenant leaves to confirm same.

    It all depends on the above how you treat the new tenant, so can't answer that one yet.


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    #3
    gotyournose
    Closed Accounts Posts: 5 ✭gotyournose


    But for the other points, need more information:
    1. What term was the lease (ie 6 months, 12 months)
    It was for 12 months

    2. Does it specifically say it is a Fixed Term lease?
    No

    3. How long were you living there before the BF moved out?
    12 months, he moved out 1 month after the second iteration of the lease

    4. How did you communicate with the LL that you were changing Tenants? In writing? Do you have a copy?
    I sent an email to inform the landlord that the New Tenant was moving out.

    5. How much was the rent decrease? Do you have this in writing?
    Yes, we had a new lease and the original lease. We signed this under the understanding that the BF would be moving out and that someone else would be moving in.

    6. When you took the deposit from the new tenant, did your BF take back his half of the original deposit from that?
    The New Tenant deposit didn't cover the full deposit that the BF made, but that was the general idea. New Tenant paid his deposit to BF.

    7. If BF didn't take back his share of the deposit, it's not up to you to return the deposit, it's up to the LL. You will need to be very careful that the property is left in such a condition that the LL would give you all the deposit back - only the LL can make that call, so would presumably need to come over to the house before the new tenant leaves to confirm same.

    It all depends on the above how you treat the new tenant, so can't answer that one yet.


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    #4
    gotyournose
    Closed Accounts Posts: 5 ✭gotyournose


    OK, still trying to work out the whole subtenancy thing.

    My BF has essentially reverted his section of the lease to me.

    It seems that if I let out the room I am by definition the landlord for that room, and if that is the case the tenancies act does not apply as I am a landlord living there..

    Seriously, that just gets more confusing!

    So, do I draw up a general lease? Is there a need to register the deposit anywhere?




  • Options
    #5
    variety
    Registered Users Posts: 152 ✭✭variety


    gotyournose wrote: »
    We had a new lease and the original lease. We signed this under the understanding that the BF would be moving out and that someone else would be moving in.
    My BF has essentially reverted his section of the lease to me.

    It seems that if I let out the room I am by definition the landlord for that room, and if that is the case the tenancies act does not apply as I am a landlord living there..
    Seriously, that just gets more confusing!

    So, do I draw up a general lease? Is there a need to register the deposit anywhere?

    So does the second reiteration of the lease still name you and the BF as the tenants?

    Do NOT get involved at the lease-holder/main tenant level. Why are you drawing the hassle on yourself? It's the landlord's responsibility to sort out his tenancy, and not yours.

    Get your Landlord to draw up a new lease, with your and the new tenant's names.

    Essentially, your Landlord still has a more-than-one-month security deposit (since you paid x amount deposit and rent is now less than that x amount per month, after your rent reduction).

    Get the Landlord to return your deposit in full (you can give the BF the remainder of what is owed to him, you take your share, and give the rest to the current tenant). Then you and the new Tenant sign a new lease, hand over a new deposit (equal to one month's rent), and you're away with no problems.

    Not easy for the Landlord because he'll probably have to pay to get the new lease signed drawn upbut that's not your problem. Make your own life easier instead of someone else's.


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