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Need advice on a house share

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    #32
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Beez wrote: »
    If we are all moving out then surely I have more of a chance of getting my deposit back? Or the right to stay in the house and get more tenants before lease expires at least?

    Why did you sign a lease if you are leaving?


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    #33
    Beez
    Registered Users Posts: 499 ✭✭Beez


    The_Morrigan wrote: »
    That isn't valid. You can't just sign a lease that is already in existence, you are added via a deed of reassignment or a new lease needs to be drawn up.

    I was thinking that so its not worth the paper its written on..


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    #34
    Beez
    Registered Users Posts: 499 ✭✭Beez


    The_Morrigan wrote: »
    Why did you sign a lease if you are leaving?

    I dont want to leave the two girls do. The landlady was saying she had no knowledge of me moving in that was a lie. So now at least i have some rights (I thought)


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    #35
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Beez wrote: »
    I was thinking that so its not worth the paper its written on..

    Pretty much...you and the landlord have unilaterally amended the lease, which isn't allowed under contract law.
    You either do an amended and updated contract that everyone signs or you are added via a deed of reassignment which becomes part of the lease as a schedule.


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    #36
    Beez
    Registered Users Posts: 499 ✭✭Beez


    should i get this done though? I would love to stay here I am very settled.


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    #37
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Beez wrote: »
    should i get this done though? I would love to stay here I am very settled.

    I'm sure if you foot the cost of a solr to draft up the deed then the landlady would be fine with it.

    Personally I'd be gone, you've walked into and created one hell of a mess between the lot of you.


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    #38
    Beez
    Registered Users Posts: 499 ✭✭Beez


    I just checked and the house is not registered with the PTRB.


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    #39
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Beez wrote: »
    I just checked and the house is not registered with the PTRB.

    The PRTB registration status does not impact on your ability to lodge a case against the landlord- and as there is a formal lease (albeit invalid by all accounts)- the landlord is still within her rights to attempt to enforce it through civil proceedings (though of course the court would be within its parameters to refer it back to the PRTB if she chose to go this route).

    The lack of registration could mean a fine of up to 5,000 for the landlord- though I would qualify this by pointing out, she can register the tenancy late (at a higher fee)- and in addition- the PRTB are not renowned for the speed with which the process and update their online list of premises- so even if its not on the list- she could still be registered.

    Trying to use non-registration as some sort of stick to hit the landlord over the head with- is a non-runner, as if she isn't in fact registered (which you do not know for sure)- if she were to roll over and acknowledge this- it could make you complicit.

    Just get out of there. It looks like you're trying to make some excuse to stay.


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    #40
    Beez
    Registered Users Posts: 499 ✭✭Beez


    The_Conductor wrote: »
    The PRTB registration status does not impact on your ability to lodge a case against the landlord- and as there is a formal lease (albeit invalid by all accounts)- the landlord is still within her rights to attempt to enforce it through civil proceedings (though of course the court would be within its parameters to refer it back to the PRTB if she chose to go this route).

    The lack of registration could mean a fine of up to 5,000 for the landlord- though I would qualify this by pointing out, she can register the tenancy late (at a higher fee)- and in addition- the PRTB are not renowned for the speed with which the process and update their online list of premises- so even if its not on the list- she could still be registered.

    Trying to use non-registration as some sort of stick to hit the landlord over the head with- is a non-runner, as if she isn't in fact registered (which you do not know for sure)- if she were to roll over and acknowledge this- it could make you complicit.

    Just get out of there. It looks like you're trying to make some excuse to stay.

    Well the the two girls are trying to get their deposit back which means me too so i just thought it might make the landlord think twice about a fight and give our deposit back if it means she is facing a hefty fine for not registering.


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    #41
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    I'm curious.... Why are the two girls moving out all of a sudden?


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    #42
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Beez wrote: »
    Well the the two girls are trying to get their deposit back which means me too so i just thought it might make the landlord think twice about a fight and give our deposit back if it means she is facing a hefty fine for not registering.

    You don't know for definite that she isn't registered.
    If she isn't- and you use it as a stick to blackmail her with- which is what you're suggesting- you're complicit too.
    Why are you playing these games?


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    #43
    Beez
    Registered Users Posts: 499 ✭✭Beez


    The_Morrigan wrote: »
    I'm curious.... Why are the two girls moving out all of a sudden?

    They are both finished college. We all got along fine no fights or falling outs. The letting agent said she thinks they knew they would be moving out now from day 1 of the lease.
    The_Conductor wrote:
    Why are you playing these games?

    I don't want to play any games I just want my deposit back. I am not saying I wish to blackmail her I am just saying this could be a reason for her backing down without me even mentioning it.

    I moved out of my last house out of pocket from a bad housemate and really cant afford it a second time. I dont have a deposit lying around for a new place.


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    #44
    StarBright01
    Registered Users Posts: 731 ✭✭✭StarBright01


    It depends on the contract from my understanding. If can be a term to say that a letting agent/landlord can break a lease with a months notice


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