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Opinions on situation re renting an "ensuite" room

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  • 28-08-2013 9:28pm
    #1
    Registered Users Posts: 218 ✭✭


    hey everyone would love to hear your opinions on the situation I'm in currently...

    I was looking to rent an ensuite room as I'm at a stage in my life where I'm done sharing with strangers and just want my own space at the end of a hard days work. I saw an ad on daft for an ensuite room and when I went to view it the person who owned the house informed me that it was actually a double room but since I had sole use of the bathroom they had advertised it as an ensuite. they stressed a number of times that it was only me using the bathroom and that they had no plans to rent out their box room at any point. So I thought happy days that's fine by me I liked the house and room so I took it.

    Landlord was away on holidays when I was due to move in so she text to say a friend was staying there while she was away and that they would give me the key and show me around etc. So far so good until I moved in and realised the friend was staying in the box room and using the main bathroom which I had been told was for my use only. I wasn't going to make a big deal about it since the landlord was on her holidays and I didn't want to ruffle anyones feathers do soon after moving in but the "friend" was particularly unfriendly and didn't make me feel at all welcome in the house and the final straw came when I went to use the bathroom one day and she had been before me and hadn't flushed the toilet. I just thought I'm not putting up with this so I text the landlord and said I wasnt happy that I wouldnt have taken the room at that price if I thought I would be sharing the bathroom and she couldn't have been more apologetic said the girl would be gone very soon and she would get her to use her ensuite anymore and was that ok with me was I happy etc so that was fine there was never anything more said about it.

    now roll on 3 months and an opportunity to move abroad has come up so I need to move out. I felt bad leaving again after a short time there so as soon as I made the decision to go I text the landlord to say I would be moving out in 6 weeks time and that if she wanted me to find someone for the room that was no problem. The response I got was pretty frosty and the atmosphere changed in the house straight away even though I had given more than enough notice that I was going. Two days later she told me to have my room ready for viewings from the following day and she started showing people around. I checked her ad on daft and it said the room was available immediately which it wasn't it was another 6 weeks before I was due to leave.

    I was away at the weekend and got a text to say a girl was moving into the box room until my room was available. I replied and said no problem and then a while later thought hmmm I wonder what she is intending to do about the bathroom so I text again and said what's the bathroom situation with new girl moving in and I got a reply to say you'll just have to share.

    I was pretty annoyed by now so I got back to her saying that I was still paying my full rent and should be entitled to same conditions now as I was all along that just because I'm moving out it shouldn't change and that she should have asked me if she was going to do this and I could have moved out early and stayed with friends for a few weeks. She replied saying forget it the girl can use her ensuite.

    So now it's fairly awkward in the house as you can imagine I'm sure they both think I'm being really petty about it but I just felt like I was being taken advantage of when she knew well initially I wasn't happy sharing a bathroom.

    To me I feel that if you rent out rooms in your house to subsidise your mortgage then you have to sacrifice what you have advertised you can't say one thing and do another once someone moves in I just don't think that's fair. she's getting my rent at ensuite price and getting rent from the girl in the box room now so I don't feel like I should be the one being inconvenienced having to share my space with a stranger when I never signed up for that.

    Pretty long rant there but I would love to hear what others think - am I being petty about it or am I right that she hasn't the right to make me share when she essentially rented me a room and her bathroom....


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Your a licensee if the landlady is living their and renting you a room. The rules for renting are different. She could pretty much put you out with 24 hours notice and theirs not much you can do. I'd keep my head down for 6 weeks.


  • Closed Accounts Posts: 2,957 ✭✭✭miss no stars



    I was away at the weekend and got a text to say a girl was moving into the box room until my room was available. I replied and said no problem and then a while later thought hmmm I wonder what she is intending to do about the bathroom so I text again and said what's the bathroom situation with new girl moving in and I got a reply to say you'll just have to share.

    I was pretty annoyed by now so I got back to her saying that I was still paying my full rent and should be entitled to same conditions now as I was all along that just because I'm moving out it shouldn't change and that she should have asked me if she was going to do this and I could have moved out early and stayed with friends for a few weeks. She replied saying forget it the girl can use her ensuite.
    ...
    am I being petty about it or am I right that she hasn't the right to make me share when she essentially rented me a room and her bathroom....

    1. Yes, you are being petty. Seriously, exactly how put out will you be by one person using the bathroom for the couple of weeks you're still there?
    2. Move out and stay with friends if it bothers you that much.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    You dont technically owe the "landlady" any notice; you are not a tenant and as such there are no rules regarding notice periods etc. If this is that much of an issue for you then find somewhere new to live and move out ASAP. You might have an issue getting back any deposit that you have paid, but thats the risk you take unfortunately. You could persue (through small claims court I think) to get the deposit back on the grounds that the new tenant had already been found and the landlady is not out of pocket.

    By the sounds of it if you announced that you were leaving in the morning there wouldnt be an issue as your replacement is already living in the spare room.


  • Registered Users Posts: 23,526 ✭✭✭✭ted1


    2 lessons here.

    1.) if you cant walk naked from the bathroom to your closest/bed. its not an ensuite.

    2.) don't give so much notice especially when its not required.


  • Registered Users Posts: 3,472 ✭✭✭Grolschevik


    ted1 wrote: »
    2 lessons here.
    1.) if you cant walk naked from the bathroom to your closest/bed. its not an ensuite.
    2.) don't give so much notice especially when its not required.


    Also, to me, this is a contradiction:

    I was looking to rent an ensuite room as I'm at a stage in my life where I'm done sharing with strangers


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  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    ted1 wrote: »
    2 lessons here.

    1.) if you cant walk naked from the bathroom to your closest/bed. its not an ensuite.

    2.) don't give so much notice especially when its not required.

    3.) The main bathroom in the house will never be private. Guests will invariably use it, it will be used during parties etc. I would never rent on the basis of having the main bathroom to myself.


  • Closed Accounts Posts: 480 ✭✭saltyjack silverblade


    Tell her you are not sharing and you want money back if you are. Significant amount of money. You gave her an exact date as to when you are moving. She is being a total biatch.
    I know your feelings on the ensuite business. I don't like sharing either. That is a fundamental part of your lease which the landlady has breached. You owe her nothing but she owes you plenty.
    Do you have a formal contract with her?


  • Registered Users Posts: 218 ✭✭gossipgirl10


    nope no formal contract unfortunately :( she was super nice when I went to view the room and stressed so many times that I had the bathroom to myself and there would be no one in the box room so I thought ok that sounds good...

    I actually wasn't aware of the whole owner occupier renting a room out having different rules than if you were just renting from a landlord that doesn't live there that's very interesting to know will keep it in mind for future reference!

    in the past I've always taken a lease on a place with friends etc but this time round it was just me looking for a room and I couldn't afford a place on my own which is why an ensuite room was as good as I could hope for with regards my own space. When leasing houses in the past if I had friends or family over they would always use the ensuite in my room they wouldn't use the main bathroom as in my eyes that belonged to the other rooms so I guess I just thought most people would be of that opinion. I

    I know some people think that I am being petty over it but I just think if you make an agreement with someone you should honour it and not turn nasty the second someone questions you. Even if she had text me to say there was a girl ready to move in now we could have worked out something to suit everyone but she made the decision without consulting me so now it's caused all this awkwardness for everyone. I was in a position to move out at that stage as I had people around to help move my stuff etc but by the time she let me know that opportunity had passed and so I will need to stay a few more weeks at least.

    Aside from this I've been a fairly ideal housemate for her to have as I pay the rent on time each month, always ask do I owe anything for bills without her having to come to me about it, am away almost every weekend, I work pretty late or have stuff on in the evenings and when I come home I just want to chill in my room I don't bother watching tv and I have only cooked in the place a couple of times so she isn't getting too bad a deal having me there.


  • Closed Accounts Posts: 480 ✭✭saltyjack silverblade


    nope no formal contract unfortunately :( she was super nice when I went to view the room and stressed so many times that I had the bathroom to myself and there would be no one in the box room so I thought ok that sounds good...

    I actually wasn't aware of the whole owner occupier renting a room out having different rules than if you were just renting from a landlord that doesn't live there that's very interesting to know will keep it in mind for future reference!

    in the past I've always taken a lease on a place with friends etc but this time round it was just me looking for a room and I couldn't afford a place on my own which is why an ensuite room was as good as I could hope for with regards my own space. When leasing houses in the past if I had friends or family over they would always use the ensuite in my room they wouldn't use the main bathroom as in my eyes that belonged to the other rooms so I guess I just thought most people would be of that opinion. I

    I know some people think that I am being petty over it but I just think if you make an agreement with someone you should honour it and not turn nasty the second someone questions you. Even if she had text me to say there was a girl ready to move in now we could have worked out something to suit everyone but she made the decision without consulting me so now it's caused all this awkwardness for everyone. I was in a position to move out at that stage as I had people around to help move my stuff etc but by the time she let me know that opportunity had passed and so I will need to stay a few more weeks at least.

    Aside from this I've been a fairly ideal housemate for her to have as I pay the rent on time each month, always ask do I owe anything for bills without her having to come to me about it, am away almost every weekend, I work pretty late or have stuff on in the evenings and when I come home I just want to chill in my room I don't bother watching tv and I have only cooked in the place a couple of times so she isn't getting too bad a deal having me there.

    You still have a valid contract with her. Did you keep a copy of the agreed advertisement for the pace? If not then contact daft.ie or whoever it was and they may given you a copy. She cannot change a fundamental term of the contract. I know people are saying that you need to get over it but the hell you do. If you agree something, then commit to it and pay the money for it then that is what you should get. Nothing short because she wants to bring in more money.
    As for your "we could have worked something out" attitude. You need to change that immediately. Her answer is just going to be well if we could what is the problem. Do not approach her with your nice nice attitude. It gets you nowhere. Pull back your hair, take off your earrings and tell that wagon exactly what was agreed, why she is breaching it and why you are not going to put up with it.


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


    You still have a valid contract with her. Did you keep a copy of the agreed advertisement for the pace? If not then contact daft.ie or whoever it was and they may given you a copy. She cannot change a fundamental term of the contract. I know people are saying that you need to get over it but the hell you do. If you agree something, then commit to it and pay the money for it then that is what you should get. Nothing short because she wants to bring in more money.
    As for your "we could have worked something out" attitude. You need to change that immediately. Her answer is just going to be well if we could what is the problem. Do not approach her with your nice nice attitude. It gets you nowhere. Pull back your hair, take off your earrings and tell that wagon exactly what was agreed, why she is breaching it and why you are not going to put up with it.


    And the hysteria continues.

    A rental ad has no legal bearing on a contract. The ad stated en suite, the OP viewed and saw it wasn't an en suite but still proceeded to move in therefore accepting the conditions of the agreement made at that point. Nothing has been written in paper so its the OP's word versus the owners.

    The OP is more than entitled to go down your hysterical route and the owner occupier for whom the OP is only a licencee in her house is entitled to say GET THE FU(K OUT OF MY HOUSE NOW.

    The OP has few options, she isn't protected in tenancy law like a tenant is and therefore can either put up and shut up or move out now. Shes already said she cant move out now so shes gonna have to put up and shut up.

    Nobody is denying the owner is being a Biatch but unfortunately theres nothing the OP can do about it no matter how much keyboard bashing you or anybody else does.


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  • Registered Users Posts: 218 ✭✭gossipgirl10


    thanks for all the replies everyone! i think my key learning is definitely that I have no actual rights here since house is owner occupied so I will be keeping my head down and my mouth shut! :) If I had known I didn't have any rights under tennancy laws etc I probably wouldn't have complained to be honest I kind of thought I was entitled to what we agreed so I'm lucky that she hasn't insisted on the other girl using the bathroom. Now here's hoping that she will give me back my deposit when I do move out... :o


  • Closed Accounts Posts: 480 ✭✭saltyjack silverblade


    I am well aware that the ad is not a contract. However it is perfectly usable in the small claims court as has been done.
    there are more options available to her then your put up and shut bull routine. The OP is entitled to go to the small claims court, something I am guessing the landlady is trying to avoid.


  • Closed Accounts Posts: 1,456 ✭✭✭westies4ever


    you're moving out; keep your head down in the meantime and take this as a lesson learned. no point in making life miserable for everyone including yourself. Buts that just my opinion.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    I am well aware that the ad is not a contract. However it is perfectly usable in the small claims court as has been done.
    there are more options available to her then your put up and shut bull routine. The OP is entitled to go to the small claims court, something I am guessing the landlady is trying to avoid.

    An advert would mean absolutely nothing as there is no way to prove that an agreement wasnt reached on a change of terms and it would essentially be one parties word against the others unless they had something substantial in writing.


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


    I am well aware that the ad is not a contract. However it is perfectly usable in the small claims court as has been done.
    there are more options available to her then your put up and shut bull routine. The OP is entitled to go to the small claims court, something I am guessing the landlady is trying to avoid.

    take the owner occupier to court on what grounds ? sue for damages for what ?

    Breach of contract ?

    Oh and since you claim its been done before how about a link to some judgements so we can see the context of the case ?


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