Sub-let, housemate holding deposit?

MelbourneDub

Hi,

I'm wondering what the legal position or opinion of others with experience in this would be.

My position is that I am subletting a room in south dublin and after giving a months notice, which I suppose considering I have no lease I was not even entirely necessary to give, my house mate has informed me that he will be holding my security deposit (600euro) until the final bills are issued and that he will transfer it to me once this happens.

The bills average about 75€ a month and a few are actually in my own name.
I don't believe he is trying to hold onto the cash but I'm not satisfied with this situation.
I haven't paid my final months rent yet, should I?

thanks

odds_on

A lot depends on what you mean by "sub-letting". In a sub-let situation, a property is rented by a tenant; in order for a sub-let to exist, that tenant moves out of the property and he, himself, rents the property to someone else who becomes his tenant.

Are you actually a replacement tenant who has taken over that part of the lease which remained after a tenant moved out.

On the other hand, you may in fact only be a licensee / lodger to whom a resident occupier has rented out a room in the property. In this case, your only dealing will be with the current occupier/tenant.

To whom do you pay your rent, the other tenant or the landlord?
Have you had any contact with the landlord?
Who advertised the room was available - the other tenant/s or the landlord?

MelbourneDub

Sorry, perhaps I used sub-let incorrectly

I'm living in shared accommodation and I am not on the lease but my housemate is.
The other tenant on the lease moved out and I moved in.

I pay rent to my housemate and have no dealings with the old tenant or actual landlord.

odds_on

MelbourneDub wrote: »

Sorry, perhaps I used sub-let incorrectly

I'm living in shared accommodation and I am not on the lease but my housemate is.
The other tenant on the lease moved out and I moved in.

I pay rent to my housemate and have no dealings with the old tenant or actual landlord.

You don't have to be on a lease to have a tenancy. However, as all your dealings have been with your co tenant, it is likely that you are his lodger/licensee and not a tenant of the landlord. As a licensee, you are not covered by the Residential Tenancies Act 2004.

Returning to your original questions,

My position is that I am subletting a room in south dublin and after giving a months notice, which I suppose considering I have no lease I was not even entirely necessary to give, my house mate has informed me that he will be holding my security deposit (600euro) until the final bills are issued and that he will transfer it to me once this happens.

Although there are no laws as to a licensee's notice period, it is an accepted practice that you give a month's notice if you pay your rent monthly.

Your house mate has a right to wait until all the latest bills have been received before returning your deposit.

I haven't paid my final months rent yet, should I?

If you fail to pay your rent, your co-occupier (in fact, your live-in landlord) could ask you to leave immediately. A licensee only has a right to stay in a live-in landlord's home while that landlord is happy with the arrangement.

MelbourneDub

Grand so. I've paid the rent.
Time will tell whether I'm being messed around or not!