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Tenant breaking agreement

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  • 24-01-2011 9:28pm
    #1
    shoes34
    Registered Users Posts: 620 ✭✭✭


    The tenant in my house, I am the owner occupier moved in last May and asked me at the time if he could have a tenancy agreement, I didn't have one before with my previous tenant so drew one up had a Solicitor friend look over it and asked him to read it and if he wanted to make any change we could.

    It stated that he was taking the room for a year and he paid a deposit again his insistance, I didn't take one from my previous tenant. He informed me two weeks ago he was moving out on the 10th of Feb and said he knew he wouldn't get deposit back. I was fine with it.

    This evening he asks me will he get deposit back and I just said no sorry. Can anyone tell me if he is entitled to it back?


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    #2
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    moved in last May ... [agreement] stated that he was taking the room for a year... moving out on the 10th of Feb...Can anyone tell me if he is entitled to it back?
    He isn't.

    You might want to make a gesture of goodwill though as it seems that if not for him insisting on it you wouldn't have any deposit at all.


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    #3
    Xiney
    Registered Users Posts: 8,085 ✭✭✭Xiney


    legally he is not entitled to his deposit back and you are fully within your rights to retain it.

    Did he ever pay for his share of the oil? (Previous thread) If he did, I'd be inclined to give him the deposit back. If not, I'd retain the share of the oil that was his and give him the rest back. Even though legally you can keep it, I'd prefer to do the nice thing in this case. He did give you adequate notice and so on.


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    #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If you are an owner occupier they are not a tenant they are a licensee, which gives them and you much fewer rights. Notice periods are not applicable and provided there is no damage you should return the full deposit.


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    #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    That is not correct. The matter is governed entirely by the contract between them, as opposed to being governed by a combination of the agreement between them and the Residential Tenancies Act. It is quite clear that there was an agreement which was broken. The usual measure of damages is the loss caused. The time the room is vacant before being re-let is the main source of loss. The cost of this should come from the deposit.


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    #6
    shoes34
    Registered Users Posts: 620 ✭✭✭shoes34


    Xieny - he did eventually pay for the oil and the funny thing is at the moment he is the one in the house all the time with the heat on!! Now the ESB bill arrived and it will be interesting to see if he pays for it.

    Jo King - that's what I thought about re-letting the room.

    Thanks all.


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    #7
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Regardless of the tenancy agreement, you cannot be a tenant of an owner occupied dwelling, you are a licensee of the owner. Especially if the owner is availing of the rent a room scheme to avoid paying tax on the income.


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    #8
    shoes34
    Registered Users Posts: 620 ✭✭✭shoes34


    athtrasna wrote: »
    Regardless of the tenancy agreement, you cannot be a tenant of an owner occupied dwelling, you are a licensee of the owner. Especially if the owner is availing of the rent a room scheme to avoid paying tax on the income.


    I don't rent the room to avoid paying tax on it - I don't get enough rent per year i.e. it doesn't exceed €10,000. I wish I did get close to that!


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