Sub-letter increasing rent!!

fcukthat

Hi,
I have been renting out an apartment in Dublin. It's pretty informal, no contracts signed etc.(I'm reg'd. with PRTB) Friends of a friend staying. There are 2 bedrooms, 2 tenants. Both are good tenants, place is always clean, pay on time and I'm always quick to get things fixed.

So anyways, one tenant is moving out. He is in the bigger room and pays 500pm. (Got a 60 euro reduction last year).

I've discovered (via daft) that the other tenant plans to move into the big room and rent out his much smaller room for 500e (instead of 450e). i.e. he gets the big room for 450e.

There is no chance of getting the room rented at 500pm and believe he is preventing somebody from moving in by doing so. I sent him an email saying that he can rent it out for 500e but he will be responsible for any loss of rent while the room remains empty because of this.

Can I do this? Don't particularly want to fall out with the guy but I think he's taking the piss. He was always quick to reply to my emails but didn't reply to this one!

Thanks

D3PO

most likely he thought he could cream the extra 50 quid off and you would be none the wiser.

if he hasnt signed a lease you cant make him pay for the other room. You are either renting the whole place out to him or your not. You need to get a rental agreement signed and decide what you want to do rent the rooms seperatly or rent the apartment as a single entity.

if its the former you need to set the room if its the latter then rent is due by the guy even if nobody is in it. I dont see him signing a lease for the whole apartment though makes no sense for him to do so.

The_Conductor

This is the problem when you let a property to multiple different people- instead of letting the apartment and letting the tenants go figure themselves.
You really need to draw up a lease- whereby he is responsible for the whole of the rent, and the property is let as a single unit. Any periods of vacancy should be his worry- not yours. I genuinely do not comprehend why you'd be willing to let an apartment on a bedroom by bedroom basis- it makes absolutely no sense whatsoever to me........

fcukthat

smccarrick wrote: »

I genuinely do not comprehend why you'd be willing to let an apartment on a bedroom by bedroom basis- it makes absolutely no sense whatsoever to me........

Basically I lived there with a mate. I left and my mate stayed on and got his mate to move in. Then my mate moved out and so on and so on.

I had been thinking of giving the previous tenant a month's notice once one of the guys moved out ad then rent the whole apartment. However the way the market was, I taught I was better getting at least rent from one room than no rent at all.

You are right thou, it's a a total pain in the ass renting out individual rooms.

Would it not be illegal to give the current tenant a month's notice and rent the place out as a single unit?

The_Conductor

fcukthat wrote: »

Basically I lived there with a mate. I left and my mate stayed on and got his mate to move in. Then my mate moved out and so on and so on.

I had been thinking of giving the previous tenant a month's notice once one of the guys moved out ad then rent the whole apartment. However the way the market was, I taught I was better getting at least rent from one room than no rent at all.

You are right thou, it's a a total pain in the ass renting out individual rooms.

Would it not be illegal to give the current tenant a month's notice and rent the place out as a single unit?

Depends on how long he has been there.
Periods of notice are as per the 2004 Residential Tenancies Act.
Do offer him the opportunity to rent the whole unit first- with a proper lease, and the tenancy registered with the PRTB. Only if he is unhappy with this- would I serve notice on him.

fcukthat

smccarrick wrote: »

Depends on how long he has been there.
Periods of notice are as per the 2004 Residential Tenancies Act.
Do offer him the opportunity to rent the whole unit first- with a proper lease, and the tenancy registered with the PRTB. Only if he is unhappy with this- would I serve notice on him.

Thanks for the sound advice.

Jo King

There is no need to register with the PRTB. The PRTB has decided that leases of a bedroom only are not within its remit, as a bedroom is not a dwelling. Report of Tribunal Reference TR 10/DR532 and 589/ 2006. You should get rid of this smart alec. Offering him the whole unit will give him rights and he is most likely to mess you around. He was prepared to cheat you and his new flatmate. I would have nothing more to do with him.

fcukthat

Jo King wrote: »

There is no need to register with the PRTB. The PRTB has decided that leases of a bedroom only are not within its remit, as a bedroom is not a dwelling. Report of Tribunal Reference TR 10/DR532 and 589/ 2006. You should get rid of this smart alec. Offering him the whole unit will give him rights and he is most likely to mess you around. He was prepared to cheat you and his new flatmate. I would have nothing more to do with him.

I'm not just renting a bedroom. I no longer live there. He didn't cheat me as such, I would still be getting the same rent at the end of the day. Not too fussed what the breakdown is.

I simply told him he could increase the rent but would be responsible for loss of rental income because of this and wanted to know if I could do that.

In fairness, I'm sure it's not the first time and it won't be the last. ****ty thing to do to your future housemate and possible future friend!

Jo King

Your tenant is just renting a bedroom at the moment, that is why you are outside the PRTB. The only way you can make him responsible for the full amount is if you give him a lease of the entire apartment with him responsible for finding the rent every month. This will not work in reality. He will not pay. You will have to go to the PRTB for an order compelling him to pay. A total waste of time!