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'Landlord' gives 5 days to move out

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    #32
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I have no where else to go to bar any hostel but that would be too expensive in the long run. I am trying hard to find a place. But on my budget that is very hard to find.


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    #33
    JillyQ
    Registered Users Posts: 2,382 ✭✭✭JillyQ


    Op any mention off your deposit being refunded?


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    #34
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I am staying here so I should be paying more rent in the long run, the tennancy has not ended. It does kinda end tonight I guess but not legally I think. I do not think that the ex-main tennant would give a penny. He has never done. if you give him rent or esb he never has change either. I have some money now to pay for another room and a deposit but if I stay for a month in hostels then I will not have enough for a new deposit anymore.


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    #35
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    flowers345 wrote: »
    I have no where else to go to bar any hostel but that would be too expensive in the long run. I am trying hard to find a place. But on my budget that is very hard to find.

    did you say where you were? or is it too small to say? Ive always thought there were plenty of rooms to let available.
    flowers345 wrote: »
    I am staying here so I should be paying more rent in the long run, the tennancy has not ended. It does kinda end tonight I guess but not legally I think. I do not think that the ex-main tennant would give a penny. He has never done. if you give him rent or esb he never has change either. I have some money now to pay for another room and a deposit but if I stay for a month in hostels then I will not have enough for a new deposit anymore.

    Stay till as long as you have paid and for the duration of your deposit, either the landlord returns it (to help motivate you to move if they are also an innocent party in this) or you just use it up, take that time to try find somewhere, there must be somewhere.


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    #36
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I live in Dublin.


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    #37
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Burn the landlord. ..if you have his details enform revenue. ..more than likey he's dodging taxes too


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    #38
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Doom wrote: »
    Burn the landlord. ..if you have his details enform revenue. ..more than likey he's dodging taxes too

    The landlord doesn't seem to know that flowers is his tenant as the op stated she was subletting, allegations of fraud are serious and should not be thrown about willy nilly.


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    #39
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    Doom wrote: »
    Burn the landlord. ..if you have his details enform revenue. ..more than likey he's dodging taxes too

    Which one - the other "tenant" that took flowers money or the actual owner of the house.

    For all we (& flowers know) the owner of the house could have rented to one person - the tenant that took the money - and the owner is declaring that money to revenue completely unaware there is more than one person living in the property.

    Read the original post:
    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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    #40
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    quietsailor wrote: »
    Which one - the other "tenant" that took flowers money or the actual owner of the house.

    For all we (& flowers know) the owner of the house could have rented to one person - the tenant that took the money - and the owner is declaring that money to revenue completely unaware there is more than one person living in the property.

    Read the original post:
    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.
    i missed that point - extremely important.
    I suspect that the OP is a licensee and not a tenant.

    However, as she has been in the property for less than 6 months, and, if she were a tenant, the landlord have evict a tenant on a periodic agreement (i.e. no fixed term so running month to month) without a reason. However, 28 days notice would be required and a correctly worded notice of termination.


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    #41
    cnocbui
    Registered Users Posts: 20,055 ✭✭✭✭cnocbui


    The_Morrigan wrote: »
    The landlord doesn't seem to know that flowers is his tenant as the op stated she was subletting, allegations of fraud are serious and should not be thrown about willy nilly.

    You don't have to 'burn' the landlord or make any allegations - just informing revenue that you were paying rent at property X and that the circumstances and arrangements seemed odd and that they might want to look at their records would be sufficient. Revenue even have a confidential freephone for reporting suspected customs breaches so I can't see why other types of suspected irregularities would be any different.

    The person who likely needs to be reported to Revenue is the former tenant. I wouldn't believe a word that comes out of his mouth. If he contacted me again I would tell him that I wouldn't be doing anything on his say-so - and certainly wouldn't hand over another cent to him - and tell him that if the landlord wanted me out or further rent they would have to communicate in person.

    If a deposit has been paid and they are refusing to refund it, If it were me, I would tell the former tenant I wasn't happy about that and mention that I would feel obliged to let Revenue know about the matter if he continues to talk about eviction or collecting further payments.

    We once rented a house and were contacted by Revenue asking for details about the landlord as we were claiming rent relief and they obviously had no matching record of the property, so they would be very interested if something is going on.

    Just a suspicion, but I doubt anyone is going to be asking the OP to move if Revenue gets mentioned.


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    #42
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Just a suspicion, but I doubt anyone is going to be asking the OP to move if Revenue gets mentioned.
    It was mention previously by the OP that other tenants had moved out (as it appears has the OP's tenant to whom she is paying her rent because of the state of the property. Perhaps the owner wants to refurbish the property and wants it vacant for the works..


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    #43
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Informing revenue seems to be a default response on here sometimes when a tenant has an issue. I would suggest concentrating your efforts on sorting your own issue first, as informing revenue is not going to affect your situation one iota. If you want to get vendictive after the issue is sorted then fire away, but its not going to help anything in the short term.


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    #44
    Rick Rod
    Site Banned Posts: 64 ✭✭Rick Rod


    flowers345 wrote: »
    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.

    Well your approach was silly in the extreme by sub letting from an existing tenant and not speaking with the landlord. You have absolutely no rights here whatsoever. And that is as it should be - you can't just suddenly start living in another persons property without their consent or agreement !


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    #45
    cnocbui
    Registered Users Posts: 20,055 ✭✭✭✭cnocbui


    djimi wrote: »
    Informing revenue seems to be a default response on here sometimes when a tenant has an issue. I would suggest concentrating your efforts on sorting your own issue first, as informing revenue is not going to affect your situation one iota. If you want to get vendictive after the issue is sorted then fire away, but its not going to help anything in the short term.

    You are right, informing Revenue will not sort out any problems, but mentioning the possibility of doing so might.
    odds_on wrote: »
    It was mention previously by the OP that other tenants had moved out (as it appears has the OP's tenant to whom she is paying her rent because of the state of the property. Perhaps the owner wants to refurbish the property and wants it vacant for the works..

    I know, but if the Landlord really wanted the OP out, I believe they would have contacted her directly. It could well be the case the landlord doesn't know she is there or what the former tenant has been up to. From the sounds of it, either the former tenant is worried about the landlord finding out or the Landlord is trying to avoid direct contact. I can't see why the OP doesn't just stay put until the landlord speaks to her face-to-face in person.

    While the OP doesn't seem to have a leg to stand on in terms of being evicted, by the same token, she doesn't have to take the original tenants word on anything and certainly not a verbal statement he is an agent of the landlord.


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    #46
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    cnocbui wrote: »
    You are right, informing Revenue will not sort out any problems, but mentioning the possibility of doing so might.
    .

    So in other words, blackmail them?


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    #47
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    Hi I am still here. 3 other tennants are still here as well. There is no record with revenue online for this place. The ex-main tennant has not showed up yet. I do not think that he spoke one true word. I will wait for the owner to clarify the situation. Thank you all so much for helping me through this week. Your wise words and calm approach helped me a lot. Whatever happens, I have most of my belongings moved to a storehouse now. I feel calm enough to be able to sleep here knowing what to say when they knock on the door.


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    #48
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    flowers345 wrote: »
    Hi I am still here. 3 other tennants are still here as well. There is no record with revenue online for this place. The ex-main tennant has not showed up yet. I do not think that he spoke one true word. I will wait for the owner to clarify the situation. Thank you all so much for helping me through this week. Your wise words and calm approach helped me a lot. Whatever happens, I have most of my belongings moved to a storehouse now. I feel calm enough to be able to sleep here knowing what to say when they knock on the door.
    Could you and the three other tenants get somewhere together? it might make things easier for all of ye.


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    #49
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    About half an hour ago the ex-main tennant came by again. He wanted me out. It turns out he does not want to do any repairs at all. I was calm and told him i wanted to speak to the owner. According to him the owner does not want to come out and does not want to speak to us. I also asked for a written statement from him that I had paid the rent, electricity etc. The ex-main tennant refused to write anything down on paper. He would only be willing to put something on paper when I leave. He shouted we were bolloxes (I am a girl) and that he would hire some 'security' guys to throw us out. I got the number of the garda handy in case they get violent.


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    #50
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Flowers this is all sorts of wrong do you even know who the landlord is?


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    #51
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    flowers345 wrote: »
    About half an hour ago the ex-main tennant came by again. He wanted me out. It turns out he does not want to do any repairs at all. I was calm and told him i wanted to speak to the owner. According to him the owner does not want to come out and does not want to speak to us. I also asked for a written statement from him that I had paid the rent, electricity etc. The ex-main tennant refused to write anything down on paper. He would only be willing to put something on paper when I leave. He shouted we were bolloxes (I am a girl) and that he would hire some 'security' guys to throw us out. I got the number of the garda handy in case they get violent.
    As I said before, you are a licensee of the "ex tenant" and therefore have no right to remain once he decides so - he withdraws your licensee to remain in the property.

    Whether he had permission from his landlord to have licensees, is another matter.

    This is one reason that any lease agreements that I have seen, prohibit licensees or subletting - the landlord has no say in to whom the tenant lets a room.


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    #52
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    I do not know the landlord and simply want to speak to the landlord before leaving. If the landlord wants to talk surely he would come to an agreement on letting and we could rent directly from the landlord. I do know that the ex-main tennant is behind on esb and internet and he used different names on both. We did all pay him for this month. Is it too much to ask for a clarification from the landlord? I lose a lot here being evicted.


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    #53
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    flowers345 wrote: »
    I do not know the landlord and simply want to speak to the landlord before leaving. If the landlord wants to talk surely he would come to an agreement on letting and we could rent directly from the landlord. I do know that the ex-main tennant is behind on esb and internet. We did all pay him for this month. Is it too much to ask for a clarification from the landlord? I lose a lot here being evicted.

    Flowers if you have never met or dealt with the landlord, then he is not your landlord. You subletted from the main tenant, an agreement which has now ended as he has asked you repeatedly to leave. It sucks, but that is the reality of the situation. You do not have any rights if you do not have a lease (written or verbal) with the owner of the property.


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    #54
    flowers345
    Registered Users Posts: 89 ✭✭flowers345


    But I have a lease with the main tennant and he broke all sorts of rules. He can not just take money and then end the agreement. Surely I can ask for the owner to clarify this?


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    #55
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    flowers345 wrote: »
    But I have a lease with the main tennant and he broke all sorts of rules.

    It's not a lease, it's a subletting agreement or licence agreement. He is not the owner, he is a tenant.

    He also doesn't live there anymore so I can't imagine anything you have signed with him being valid if he is no longer a tenant.


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    #56
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    Flowers
    You subletted from the main tenant - therefore its an owner-occupier type of lease and not one that falls under the control of the PRTB - they won't help you and you have no rights as laid down by law. If the "main tenant" wants you out you will have to leave.

    Reporting them to the revenue and all the rest is fine to get revenge but it won't let you stay in that house any longer.


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    #57
    JillyQ
    Registered Users Posts: 2,382 ✭✭✭JillyQ


    OP why if you feel so strongly about this have you not engaged the services of a solicitor


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    #58
    super_furry
    Registered Users Posts: 27,322 ✭✭✭✭super_furry


    Don't give this 'main tennant' a penny. He's on a con.


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    #59
    cnocbui
    Registered Users Posts: 20,055 ✭✭✭✭cnocbui


    quietsailor wrote: »
    Flowers
    You subletted from the main tenant - therefore its an owner-occupier type of lease and not one that falls under the control of the PRTB - they won't help you and you have no rights as laid down by law. If the "main tenant" wants you out you will have to leave.

    Reporting them to the revenue and all the rest is fine to get revenge but it won't let you stay in that house any longer.

    I don't think that what the "main tennant" 'wants' is of any consequence, It's what the Landlord wants that matters, but he/she isn't in the picture as the story stands.


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    #60
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    In your very first post you stated:
    Other tenants moved out due to the state of the place.

    If the state of the place is sufficiently bad that the other tenants have moved out, why would you want to stay. It may be cheap in relation to other properties. However, perhaps the landlord knows that the place does not conform to the Housing Standards for rented accommodation and in order to avoid heavy fines, he wants all tenants out.

    Perhaps he wants to refurbish the property, perhaps he is just fed up with the hassle of renting and wants to get out of the business; perhaps he wants to sell the property.

    However, none of these reasons are of your concern. The landlord, and presumably owner of the property, wants it vacant for what ever reason.


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