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Flatmate just walked out what to do?

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  • 19-05-2011 4:37pm
    #1
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭


    Right so I just got an abrupt text from my flatmate saying she was moving out, no answer whatsoever on the phone and no replies to my texts.

    I think she has the idea of leaving me high and dry on the rent and bills, what rights do I have to prevent this?

    We've both signed a lease btw.

    Any advice will be greatly appreciated, I'm at my wits end here.


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    #2
    westies4ever
    Closed Accounts Posts: 1,456 ✭✭✭westies4ever


    first thing - contact your landlord immediately and let them know whats happening - they can try to contact your flatmate as well - if they avoid the landlord then they'll realise you're being truthful!


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    #3
    dshamrock2000
    Registered Users Posts: 37 ✭dshamrock2000


    If she signed the lease aswell then she is stuck with the liability, id suggest you just pay your half of everything and she would have to be pursued etc etc, if she wants out then she needs to find you a new flatmate to share and sign the lease.


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    #4
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    dshamrock2000 wrote: »
    If she signed the lease aswell then she is stuck with the liability, id suggest you just pay your half of everything and she would have to be pursued etc etc, if she wants out then she needs to find you a new flatmate to share and sign the lease.

    The trouble is that the standing order for the rent and the DD for the bills come out of my account.

    I'm going to try call her again this evening and see if I can make any sense of this whole shambles.


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    #5
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    pithater1 wrote: »
    The trouble is that the standing order for the rent and the DD for the bills come out of my account.

    I'm going to try call her again this evening and see if I can make any sense of this whole shambles.

    I was just about to ask how the rent and bills were paid. Bit of mess alright. Do you know where she works or wheres likely to move to? I take it your not at home right now. Best to keep trying to contact her and confirm she's moved out when you get home before doing anything else.


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    #6
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    dshamrock2000 wrote: »
    If she signed the lease aswell then she is stuck with the liability, id suggest you just pay your half of everything and she would have to be pursued etc etc, if she wants out then she needs to find you a new flatmate to share and sign the lease.

    Where two sign the lease, there is joint and several liability. The landlord can seek the full amount from either.


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    #7
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    ztoical wrote: »
    I was just about to ask how the rent and bills were paid. Bit of mess alright. Do you know where she works or wheres likely to move to? I take it your not at home right now. Best to keep trying to contact her and confirm she's moved out when you get home before doing anything else.

    I'm at home now and there is no sign of her.


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    #8
    28064212
    Registered Users Posts: 10,632 ✭✭✭✭28064212


    pithater1 wrote: »
    I'm at home now and there is no sign of her.
    Is all her stuff gone? Do you have access to any of it? If she doesn't reply soon, holding it "hostage" mightn't be the best 'legal' option, but might be more effective than anything else

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    #9
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    28064212 wrote: »
    Is all her stuff gone? Do you have access to any of it? If she doesn't reply soon, holding it "hostage" mightn't be the best 'legal' option, but might be more effective than anything else

    No her stuff's still here, thing is I'm away over the weekend and I have a feeling she's probably going to do a 'hit and run' when I'm away so I don't think that is an option, save changing the locks but I know that isn't really Kosher.


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    #10
    filmbuffboy
    Closed Accounts Posts: 894 ✭✭✭filmbuffboy


    OP, change the locks. have someone you trust take all her stuff away in a car until she coughs up with her share of the bills or a new flatmate to take over.

    Dont take it lying down. What she is doing is unacceptable, and quite frankly wrong.


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    #11
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    filmbuffboy wrote: »
    OP, change the locks. have someone you trust take all her stuff away in a car until she coughs up with her share of the bills or a new flatmate to take over.

    Dont take it lying down. What she is doing is unacceptable, and quite frankly wrong.

    Yes steal all her stuff, that's some great advice :confused:


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    #12
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    filmbuffboy wrote: »
    OP, change the locks. have someone you trust take all her stuff away in a car until she coughs up with her share of the bills or a new flatmate to take over.

    Dont take it lying down. What she is doing is unacceptable, and quite frankly wrong.

    I'm considering changing the locks, wouldn't have anybody steal her stuff though, that would be simply stooping to her level.


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    #13
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    How much would a lock change cost out of interest?


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    #14
    monkeybutter
    Registered Users Posts: 3,774 ✭✭✭monkeybutter


    She won't get her deposit back, use that to pay bills, rent is in advance, get a tenant in after explaining it to the landlord, they give you the equiv of her deposit, landlord still has hers.

    No money lost unless you can't get a new tenant in within a few weeks, Deposit should surely cover any utilities bills and a couple of weeks rent

    Jobs a goodun.


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    #15
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    monkeybutter wrote: »
    She won't get her deposit back, use that to pay bills, rent is in advance, get a tenant in after explaining it to the landlord, they give you the equiv of her deposit, landlord still has hers.

    No money lost unless you can't get a new tenant in within a few weeks, Deposit should surely cover any utilities bills.

    Jobs a goodun.

    If the op signed one lease with the flatmate then they won't get any of the deposit back until they both move out. They also can't change the licks without checking with the LL first (or change them then change them bk when they move out)

    Op you need to confirm she's moving do you can speak to the LL about getting a replacement in so you won't be out of pocket.. at the very least take meter readings of everything before going away for the weekend


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    #16
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    Ok so I'm going to get the locks changed before I head away and I'll hang onto the original locks and replace them once she pays up.

    Any dissenting opinions?


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    #17
    monkeybutter
    Registered Users Posts: 3,774 ✭✭✭monkeybutter


    ztoical wrote: »
    If the op signed one lease with the flatmate then they won't get any of the deposit back until they both move out. They also can't change the licks without checking with the LL first (or change them then change them bk when they move out)

    Op you need to confirm she's moving do you can speak to the LL about getting a replacement in so you won't be out of pocket.. at the very least take meter readings of everything before going away for the weekend


    Thanks I know that, he gets the deposit off the next person he replaces her with if she skeddadles, she will get no Deposit as she broke the lease

    Dont change the locks, its not your gaff you have no right, at least talk to the landlord first


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    #18
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    Ok so I'm not going to change the locks.

    Does anybody have a link to the rules regarding a tenant moving out without giving any notice?

    What I'm going to do is leave a note quoting those rules and stating where I want the keys to be left.

    I assume she'll be doing a 'hit and run' when I'm away so I'll go to the landlord on Monday to explain the situation.

    I'm also going to ammend the standing order with the bank.

    I assume that's the most reasonable and legal route to take?


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    #19
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    bath handle wrote: »
    Where two sign the lease, there is joint and several liability. The landlord can seek the full amount from either.
    Absolutely correct, bath handle.
    I'm also going to ammend the standing order with the bank.

    OP, you seem to have missed the point, you are liable for the full rent if she does not pay her share


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    #20
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    Well I'd imagine a reasonable landlord would understand the situation provided that a new tenant is found.


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    #21
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    ztoical wrote: »
    at the very least take meter readings of everything before going away for the weekend

    Very good advice there. I would also suggest taking a dated photo of the readings, so there's no doubt.

    Have you called Threshold to seek their advice?


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    #22
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Take photos of the place in case she has a "leaving party", and also ensure any valuable stuff that you own (TV, xbox, etc) are not lying around.


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    #23
    Lemming
    Registered Users Posts: 14,148 ✭✭✭✭Lemming


    pithater1 wrote: »
    I assume she'll be doing a 'hit and run' when I'm away so I'll go to the landlord on Monday to explain the situation.

    Why wait until Monday? Inform your landlord like it was last week. As others have said, you are liable for the full rent, bills, etc. regardless. And if your landlord is feeling the pinch in their pocket, reasonable (or your estimation of reasonable at any rate) could well be the last thing they'll be.


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    #24
    SteelyDanJalapeno
    Registered Users Posts: 14,296 ✭✭✭✭SteelyDanJalapeno


    Tell the landlord now!


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    #25
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    Been in this exact situation.

    Called landlord and agreed:
    - We would both try and get a new tenant ASAP
    - I would add a new lock to the door and send a copy of key to LL
    - Gap in rent was shared between LL and tenant until new tenant found


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    #26
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    An update:

    Went away to Cardiff (cracking match and result :D) still no sign of the flatmate and her stuffs still here. Estate agent is fully aware of the situation and is fully on my side.

    A dilemma now arises, how the bloody hell am I meant to show the place around to prospective new flatmates with her stuff still there? (I dare not move any of her stuff lest any accusations be made)

    Any advice?


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    #27
    Cookie_Monster
    Registered Users Posts: 24,501 ✭✭✭✭Cookie_Monster


    text / ring her saying you will be moving her stuff on x day at x time if it's not taken care of, give her a chance to collect it and then move it all out of the way somewhere to show the house.


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    #28
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    Has she stopped paying her rent? Technically you can't move her stuff or rent out her room until she is in arrears with her rent. If she's paid her rent for this month then it's her space regardless wither she's there or not. Has she not been back at all? When is the rent due? Has she been in touch with the LL?


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    #29
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    Its all done through the estate agent, all the interaction with the LL is him getting his cheque each month.

    Came home from work to find her in the flat entertaining guests, she moved some of her stuff away, didn't leave the keys and sent a text saying she'll be back during the week to collect the rest of her stuff. I'm going to assume she's not going to pay any rent so I'll presume the estate agent will be chasing her up on the 7th of June when she doesn't pony up her share.

    Showing two lads the place on Tuesday after work, should I black bag the remainder of her stuff before then?


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    #30
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    pithater1 wrote: »
    Showing two lads the place on Tuesday after work, should I black bag the remainder of her stuff before then?
    Tell her either she does it, or you'll do it.


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    #31
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    Hi Op
    It's reasonable to allow people into her room to show it. You should give her notice, however personally i wouldnt bother as she is leaving you in the lurch.

    As for bagging her stuff.. you cant do this. if however she left the room in a state or anything that could be considered a health hazard (dirty clothes on the floor) or a fire hazard (or could impede your use of the room as an emergency exit) by all means remove it from the floor.


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