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'Landlord' gives 5 days to move out

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  • 31-10-2013 10:09pm
    #1
    flowers345
    Registered Users Posts: 89 ✭✭


    Does anyone know what my rights are?
    I rented a room from a main tennant.
    He moved out.
    I have never seen the owner nor had any thing on paper from him.
    I did search for the owner in order to pay rent to him.
    Other tenants moved out due to the state of the place.
    The former main tennant came by to collect rent.
    He then informed that I have 5 days to leave.
    When I asked why he stated the owner wants everyone out.
    When I asked why the owner wanted everyone out he had no reason.
    I have a 6 months contract with the ex main tennant but none with the owner. It was made shortly before the ex main tennant left. I have lived shorter than 6 months here.


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    #2
    bleary
    Registered Users Posts: 495 ✭✭bleary


    This tenant sublet the room to you, you dont have a contract with the landlord so i cant see that you have any rights at all


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    #3
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    Are you sure? should there not be a minimum time to search for another place? The former main tennant collects the rent for the owner he said. The former main tennant is the acting landlord. Should that not give me any rights?


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    #4
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    Property owner = Landlord
    Unless you have a contract with the landlords name on it and signed by him the "contract" you signed is probably not worth the paper its written on.
    If the person who you signed an agreement with has suddenly left the house and warned you that you have five days to get out I would be very suspicious and doubt you have any legal rights to stay.
    Try contact the owner of the property, but be prepared to have to leave.


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    #5
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Contact Threshold, and lodge a complaint with the PRTB. They will give you the proper advice, but it should be 30 days notice.


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    #6
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    It is hard to find the owner. For months I tried to find him. So I have no rights with the as he states 'acting landlord'?


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    #7
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    Paulw wrote: »
    Contact Threshold, and lodge a complaint with the PRTB. They will give you the proper advice, but it should be 30 days notice.

    If the other tenant sublet the room to the OP without the landlords consent and the LL does not know anything about the OP, there is not much that the PRTB can do about it. But do contact Threshold and see if they can help you.


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    #8
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I do not want to go to the PRTB I want to have enough days to find a room.
    I do not want any troubles.
    All was fine when I started to rent.
    The main tennant told me he was the landlord and I assumed he owned the house.
    I have 4 days to find a place for all my belongings and it is weekend and Helloween. BOOO.


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    #9
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    flowers345 wrote: »
    Does anyone know what my rights are?
    I rented a room from a main tennant.
    He moved out.
    I have never seen the owner nor had any thing on paper from him.
    I did search for the owner in order to pay rent to him.
    Other tenants moved out due to the state of the place.
    The former main tennant came by to collect rent.
    He then informed that I have 5 days to leave.
    When I asked why he stated the owner wants everyone out.
    When I asked why the owner wanted everyone out he had no reason.
    I have a 6 months contract with the ex main tennant but none with the owner. It was made shortly before the ex main tennant left. I have lived shorter than 6 months here.

    So he came by to collect rent, does he still live there?
    How much rent did you pay? is it paid in advance? If I paid in advance, Id be staying the amount of time Id paid for.

    While you might not have any rights if the circumstances are as a person that has sublet off a tenant that didnt have permission to sublet,

    How do you know the landlord wants you out? if you havent spoken to or seen them?
    Or how do you know many other things which the head tenant might not be telling you?


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    #10
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    you have no rights you were renting a sublet room you had no contract with the LL you have no rights you aren't the leaseholder.


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    #11
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    This former main tennant does not live here. He moved out 2 months ago. In the past he talked to the landlord. The landlord did want our rent according to this former main tennant. He would collect from this main tennant. But nothing on paper. You are right in that I do not know what the owner really wants and the main tennant can say anything. But I cannot reach the owner.
    Do I have the right to stay here till the owner comes in person?


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    #12
    super_furry
    Registered Users Posts: 27,322 ✭✭✭✭super_furry


    Please say you didn't give the rent to the former main tennant. Sounds like he's on a scam.


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


    By the sounds of it the former tenant has been subletting without the landlords knowledge, the landlord has found out, evicted them and now wants all the subletters out. Contact Threshold for advice, but I suspect you dont have any real hope here.


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    #14
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    At the least, Id suggest staying for the period you payed for, then you are at no loss.

    I wouldnt give anymore money to the so called main tenant but the landlord instead, as mentioned here already, I thought it sounded a bit suspicious, and while it could be legitimate, there would be no harm confirming this, although at this late stage it may not matter.

    Id wait for the landlord to turn up, you could keep the rent for them and explain the situation, they may allow you to stay.


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    #15
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    super_furry wrote: »
    Please say you didn't give the rent to the former main tennant. Sounds like he's on a scam.
    I have. The main tennant told me that the owner does not want to speak to me. I have put rent for after the month in the bank in a seperate account. If the owner comes by at least I will have a months rent to pay to him. The main tennant left for a better quality room.


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    #16
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    flowers345 wrote: »
    This former main tennant does not live here. He moved out 2 months ago. In the past he talked to the landlord. The landlord did want our rent according to this former main tennant. He would collect from this main tennant. But nothing on paper. You are right in that I do not know what the owner really wants and the main tennant can say anything. But I cannot reach the owner.
    Do I have the right to stay here till the owner comes in person?
    So, when you moved in, your agreement was with the "main tenant" and as such, you were a licensee/lodger with no rights. The fact that the "main tenant" moved out does not invalidate you licensee status, you remain a licensee of the "main tenant".

    Did you pay him a deposit? I hope you can get that back. Unfortunately, a licensee can be asked to vacate the same day - not nice, but licensees have few, if any rights - most rights are by agreement with the landlord who in this case is the "main tenant".


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    #17
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    Landlords can appoint agents to act on their behalf and there is no difficulty in that regard. If you are paying rent directly to the landlrod or his agent (that does not reside in the same property as you) then you could be classified as a tenant and have all rights and obligations terms of relevant notices periods.
    Quote treshold.
    Now the problem here is that the landlord can say he has repairs to be made. Can a landlord throw out a tennant in 5 days because he wants to do some repairs? Seen the state of the place it would be needed.
    I was told to leave today instead of tomorrow but held my ground. Have not met the owner yet.


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    #18
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    flowers345 wrote: »
    Landlords can appoint agents to act on their behalf and there is no difficulty in that regard. If you are paying rent directly to the landlrod or his agent (that does not reside in the same property as you) then you could be classified as a tenant and have all rights and obligations terms of relevant notices periods.
    Quote treshold.
    Now the problem here is that the landlord can say he has repairs to be made. Can a landlord throw out a tennant in 5 days because he wants to do some repairs? Seen the state of the place it would be needed.
    I was told to leave today instead of tomorrow but held my ground. Have not met the owner yet.
    The landlord of a licensee / lodger does not necessarily have to reside in the same property, therefore, the OP may well be a licensee and not a tenant with all the rights of the RTA 2004.


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    #19
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    The ex-main tennant now agent refers to us as tennants only.


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    #20
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    flowers345 wrote: »
    Landlords can appoint agents to act on their behalf and there is no difficulty in that regard. If you are paying rent directly to the landlrod or his agent (that does not reside in the same property as you) then you could be classified as a tenant and have all rights and obligations terms of relevant notices periods.
    Quote treshold.
    Now the problem here is that the landlord can say he has repairs to be made. Can a landlord throw out a tennant in 5 days because he wants to do some repairs? Seen the state of the place it would be needed.
    I was told to leave today instead of tomorrow but held my ground. Have not met the owner yet.

    The problem that you face here is that an agent must be appointed by the landlord. Going on what you have said here, the tenant that you rented from was not granted the authority to act as an agent, and by the sounds of it was illegally subletting. They get evicted, and anyone that they were subletting to has no legal right to be in the property.

    Im only forming an opinion based on the information given, but to me it sounds like you have no grounds to claim that you were a tenant Im afraid.


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    #21
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    flowers345 wrote: »
    The ex-main tennant now agent refers to us as tennants only.

    What the former tenant refers to as is irrelevant.

    Have you spoken to Threshold about this? I think you need to gather all of the facts surrounding the situation with the main tenant/landlord first, and then consult with Threshold to get advice on where you stand. The problem here is determining on what authority the tenant had to act as landlord/agent, because this is going to be key to determining your status in the tenancy. If they are legally your landlord then you are covered by the RTA and have rights. If you are a licensee in the property then you have no rights.

    Ideally you need to make contact with the property owner, because by the sounds of it this tenant is unreliable and what they say cannot be trusted.


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    #22
    jacko
    Registered Users Posts: 270 ✭✭jacko


    You shouldn't be moving out until you talk directly to the landlord. At least get the real story from him

    In all likelihood you will have to move on, find somewhere else.
    Have you looked for alternative place to stay?


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    #23
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I have put up a seperate post asking for a room but got no reply to that yet. I have looked all over the internet but there simply are no places available on such short notice and it is hard to get anything as is. Any offer is highly appreciated.
    Djimy the ex-main tennant was acting landlord. He has been doing this for 9 years. He however does live in a better place.


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    #24
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    My point is that you need to hear that from the property owner. The tenants word may not be enough as it might not be reliable; lets say he has been illegally subletting for some time now and the landlord has only just found out about it. I dont know if this is the case, but it would certainly change your circumstances if it were.


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    #25
    bigblackmug
    Banned (with Prison Access) Posts: 145 ✭✭bigblackmug


    I once rented a room in a house where the person I was letting from swore blind they were subletting from the landlord who had moved to America and that they collected the rent on their behalf.
    I went to the land registry office and found out this person was in fact the landlord and was telling me a stream of lies.


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    #26
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    bigblackmug wrote: »
    I once rented a room in a house where the person I was letting from swore blind they were subletting from the landlord who had moved to America and that they collected the rent on their behalf.
    I went to the land registry office and found out this person was in fact the landlord and was telling me a stream of lies.

    Sounds like an avenue for the OP to explore alright.


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    #27
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I will wait for the landlord and stay put untill then.


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    #28
    JJJJNR
    Closed Accounts Posts: 4,791 ✭✭✭JJJJNR


    Worst case scenario try staying in a hostel for a few days.


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    #29
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    flowers345 wrote: »
    I will wait for the landlord and stay put untill then.
    Be expected to be evicted within 24 hours - so have another place ready to move to.


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    #30
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Flowers you can't bury your head in the sand here, you have to actively locate the actual landlord and you need to find short term accommodation asap, be it friends, a hostel or another room somewhere. You can't just sit there and wait.


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    #31
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    bigblackmug wrote: »
    I once rented a room in a house where the person I was letting from swore blind they were subletting from the landlord who had moved to America and that they collected the rent on their behalf.
    I went to the land registry office and found out this person was in fact the landlord and was telling me a stream of lies.

    you'd have less rights in that scenario

    why did they make a point of saying this? and why did you make a point of looking into it?


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