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Paying deposit.

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  • 14-10-2011 9:58am
    #1
    Registered Users Posts: 12


    So i will be moving into a shared accomodation place in a few days and will be paying the rent and other charges to one of the roomates who has been in this house for more than five years. Their ad on daft was quite misleading( bedroom as they said 1 person was staying where as 2 people were sharing a room at the time and this has been the case for a long time). The house has 2 bedrooms, and i will be renting one of them. When i had enquired with the previous tenant ( who's room i will be renting) he said he hadn't paid any deposit.. And they had not asked him any. And now they are asking me for a deposit( same amt as the rent). Also they haven't specified on their ad about any deposit. So What should i do.
    1. Should i pay them a deposit? and if so can anyone tell me as to what contract i must sign with them? All dealing will be with one of the roomates who has been staying here and not the landlord and I will be renting the place only for two months.
    2. can i write down my own contract with certain valid terms and conditions, name, phone number, deopsit ets or should i use the PRTB Tenancy Registration Form?

    James
    Tagged:


Comments

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


    anybody giving a deposit to anybody other than the landlord or EA quite frankly is off their tree.

    this accomadation sounds like a dive. steer clear find somewhere better


  • Registered Users Posts: 78,385 ✭✭✭✭Victor


    You need them to tell you as to whether you are a tenant of the landlord who owns the property or a licencee (lodger) of the existing tenant who is sub-letting a room. Licencees only have very basic rights and responsibilities.

    In paying the deposit, who is going to hold it?

    Do they know you are only going to stay for two months? Is this in writing?

    There is no absolute need to have a detailed lease (if a tenant) or licence (if a licencee), but there is a definite need to have the main details, i.e. the landlord (which one of them), the tenant /licencee (you), the rent (amount, how it is paid, to who, when), the deposit, the inventory and rules of behaviour.

    Deposits are normal, there is no particular need to mention it in the ad - to be smart, does the ad say the property has a roof - that would be important, wouldn't it?. :)

    **Take photos of the general condition when you move in.**


  • Registered Users Posts: 12 James.M


    Victor wrote: »
    You need them to tell you as to whether you are a tenant of the landlord who owns the property or a licencee (lodger) of the existing tenant who is sub-letting a room. Licencees only have very basic rights and responsibilities.

    In paying the deposit, who is going to hold it?

    Do they know you are only going to stay for two months? Is this in writing?

    There is no absolute need to have a detailed lease (if a tenant) or licence (if a licencee), but there is a definite need to have the main details, i.e. the landlord (which one of them), the tenant /licencee (you), the rent (amount, how it is paid, to who, when), the deposit, the inventory and rules of behaviour.

    Deposits are normal, there is no particular need to mention it in the ad - to be smart, does the ad say the property has a roof - that would be important, wouldn't it?. :)

    **Take photos of the general condition when you move in.**

    Thanks Victor,

    yes i will ask them that.

    I will be paying the rent and bills to the roomate, who says he will be transferring to the amount to the landlord. The roomate will be holding the deposit, as he looks after all the stuff around and says the house owner comes once in a while to check the house.

    Yes they finally agreed for letting me for 2 months. I will be signing a contact with them in a day or two.

    following are the terms and conditions i have listed:
    1. The rent & electricity bills must be paid of which day they would be due.
    2. If there are any damages to the room the tenant will pay for repairs.
    3. It is understood that the noise level will be within the tolerance limit and will not disturb the sleep ( however, im not sure how effective this would be ).
    4. The deposit will be returned at the end of the tentancy agreement and keys will be returned to the landlord or witness.

    would there be anything more i need to add to this?


  • Registered Users Posts: 12 James.M


    what are the licensee rights? or any website/link i can read them. Thanks


  • Registered Users Posts: 78,385 ✭✭✭✭Victor


    James.M wrote: »
    what are the licensee rights? or any website/link i can read them. Thanks
    Not much that I can think of. Essentially the licencee and landlord (head tenant in your case) need only give reasonable notice, unless otherwise stated. If you pay rent weekly, a weeks notice would be reasonable, if paid monthly, then monthly. If you burn down the kitchen, you're out now. :)

    These are more orientated towards the landlord.

    http://www.getdigs.ie/homeowner_tips.php

    http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html


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  • Registered Users Posts: 12 James.M


    Victor wrote: »
    Not much that I can think of. Essentially the licencee and landlord (head tenant in your case) need only give reasonable notice, unless otherwise stated. If you pay rent weekly, a weeks notice would be reasonable, if paid monthly, then monthly. If you burn down the kitchen, you're out now. :)

    These are more orientated towards the landlord.

    http://www.getdigs.ie/homeowner_tips.php

    http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

    Hi Victor,

    Just found this out from the prtb document http://public.prtb.ie/DownloadDocs/Licensees.pdf

    "Any money that a licensee pays to the tenant as a deposit is a personal payment to the tenant
    and is not a deposit with the meaning of the Residential Tenancies Act 2004, as that meaning is confined to deposits paid by tenants to landlords. "

    So i have to look for some solutions as im sure these guys will keep my deposit at the end of the 2 months.


  • Registered Users Posts: 12 James.M


    And this

    "This means that although the PRTB deals with disputes about the nonrefund by landlords of deposits paid by tenants, it has no authority to deal with disputes
    between tenants or between tenants and licensees about monies paid to a tenant as a form of ‘deposit’. "


  • Registered Users Posts: 12 James.M


    D3PO wrote: »
    anybody giving a deposit to anybody other than the landlord or EA quite frankly is off their tree.

    this accomadation sounds like a dive. steer clear find somewhere better

    your absolutely right.


  • Closed Accounts Posts: 1 nhguy


    You might want to check the citizens advice website as they have good information on both renting houses and rooms. If you are just renting a room you aren't covered by the Residential Tenancies Act 2004 so would want to be very sure of what you are signing up for.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html


    The getdigs.ie site seems to have a reasonable amount of information for both homeowners and renters so if you are going that route that may be a good place to start. Good luck.


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