Also soon to be homeless!

Giblet

If both your names are on the lease, you're both joint and severally liable, even if one person leaves the landlord is entitled to full rent. It's not the landlords fault. I'm sorry about what happened, but there's nothing in law about it. You can reassign the lease to yourself + a friend rather than sublet. Surely the landlord getting his money then would be agreeable. If you can't afford the lease you have to reassign. You can't live there for 50% of the cash. Fortunately, if the landlord has to accept the reassignment or allow you to walk, you might incur costs though of finding a new tenant.

NipNip

Giblet wrote: »

If both your names are on the lease, you're both joint and severally liable, even if one person leaves the landlord is entitled to full rent. It's not the landlords fault. I'm sorry about what happened, but there's nothing in law about it. You can reassign the lease to yourself + a friend rather than sublet. Surely the landlord getting his money then would be agreeable. If you can't afford the lease you have to reassign. You can't live there for 50% of the cash.

The landlord will not allow me to reassign.

NipNip

Giblet wrote: »

If both your names are on the lease, you're both joint and severally liable, even if one person leaves the landlord is entitled to full rent. It's not the landlords fault. I'm sorry about what happened, but there's nothing in law about it. You can reassign the lease to yourself + a friend rather than sublet. Surely the landlord getting his money then would be agreeable. If you can't afford the lease you have to reassign. You can't live there for 50% of the cash.

If we're jointly and severally liable, surely the obligation is on the landlord to pursue himself for his half?

cml387

NipNip wrote: »

Well, you've read the actual situation well. I do not wish to have to move. I do not wish to have to pay 100% of rent, when I signed up to 50% of the rent.

I think this bit is the problem. You actually signed (and he signed) to pay 100% of the rent.
How the division of the rent was done was up to both of you (and not the LL's concern).

Giblet

NipNip wrote: »

The landlord will not allow me to reassign.

Doesn't matter if he will or not, you have rights that a lease cannot override. Read up on your rights on the PTRB.

Giblet

NipNip wrote: »

If we're jointly and severally liable, surely the obligation is on the landlord to pursue himself for his half?

Nope, as you are JOINT and SEVERALLY liable, he's nothing to do with it. You took responsibility. He will just kick out the tenants and take your deposit. He could pursue you both for remaining rent if he's out of pocket after that.

NipNip

Why would he not just pursue the other party? Why me?

spaceHopper

Sorry for your trouble but you are coming across as having a very bad attitude.

The reality is that you are in the house your ex is not and your land lord expects to get paid the rent – by you. If you are polite and fair with him then he should be fair with you. Maybe he called around to collect the rent early because he couldn't later and was hoping you would be in. Try talking with him and see if he will agree to you getting somebody in the share the house with you however you will have to pay the back rent.

Otherwise you need to move find a way to pay the full rent or move out.

Giblet

NipNip wrote: »

Why would he not just pursue the other party? Why me?

Well he probably would, is he in the house? You are, so he'll chase you. It's simple really. You're in the house paying half the rent, so he'll kick you out and take both of your deposits. You both end up the same then. Not trying to be harsh here, but it's not one over the other, the end result is the same.

doubter

Giblet wrote: »

If both your names are on the lease, you're both joint and severally liable, even if one person leaves the landlord is entitled to full rent. It's not the landlords fault. I'm sorry about what happened, but there's nothing in law about it. You can reassign the lease to yourself + a friend rather than sublet. Surely the landlord getting his money then would be agreeable. If you can't afford the lease you have to reassign. You can't live there for 50% of the cash.

I agree fully here. But again, subletting and sharing are 2 different things. here's my advise: Start a correspondence with your current landlord in writing. Explain what you are doing to rectify the situation.The housing market in Dublin is a sellersmarket, you should have no issues finding someone to share.As long as you are still in the house, it's not a sublet. If you really want to stay there, improving the relationship with the landlord/lady is imperative.

NipNip

spaceHopper wrote: »

Sorry for your trouble but you are coming across as having a very bad attitude.

The reality is that you are in the house your ex is not and your land lord expects to get paid the rent – by you. If you are polite and fair with him then he should be fair with you. Maybe he called around to collect the rent early because he couldn't later and was hoping you would be in. Try talking with him and see if he will agree to you getting somebody in the share the house with you however you will have to pay the back rent.

Otherwise you need to move find a way to pay the full rent or move out.

With the greatest of respect, I appreciate your response, but you have no idea, judging by your response, of the actual situation.

NipNip

Giblet wrote: »

Well he probably would, is he in the house? You are, so he'll chase you. It's simple really. You're in the house paying half the rent, so he'll kick you out and take both of your deposits. You both end up the same then. Not trying to be harsh here, but it's not one over the other, the end result is the same.

You're not addressing my question though. I've paid my deposit, the full rent and deposit was paid, right up until my partner was barred from this property. I therefore paid my half of the rent in full.

Giblet

That's fine and valid, but it falls apart next month when you don't pay the full amount. The landlord is entitled to the full amount, as written in the contract. You are both joint and severally liable. Which means the rent has to be covered by at least one of you. The fact that you both paid 50% doesn't matter. He's liable too, just that you remain in the house so it's easier to chase you. I would get someone in asap. That's the way out of this.

NipNip

I don't believe that we are jointly and severally responsible.

Giblet

NipNip wrote: »

I don't believe that we are jointly and severally responsible.

Does it say it on the lease, are both your names on the lease?

doubter

NipNip wrote: »

I don't believe that we are jointly and severally responsible.

yes you are.

NipNip

Giblet wrote: »

Does it say it on the lease, are both your names on the lease?

The lease is the most amateur piece of writing I have come across, so no, it does not refer to anything like terms such as jointly and severally.

NipNip

doubter wrote: »

yes you are.

Oh right - I was not aware that having 2 signatories implied 'jointly and severally'.

Giblet

But are both your names on it?

NipNip

Giblet wrote: »

But are both your names on it?

Yes.

Hannibal Smith

NipNip wrote: »

You're not addressing my question though. I've paid my deposit, the full rent and deposit was paid, right up until my partner was barred from this property. I therefore paid my half of the rent in full.

There is only one lease which stipulates the rent to be paid. You can't decide 3 months in to a lease to pay half the rent, you're not renting half the property. If you want to stay in the property you must pay all the rent, or else come to an amicable agreement with the landlord.

Contact threshold, like I've already said.

endacl

NipNip wrote: »

Well, you've read the actual situation well. I do not wish to have to move. I do not wish to have to pay 100% of rent, when I signed up to 50% of the rent. I had advertised a room in the house for the past week, only to re-read the tenancy agreement, which forbade subletting. I am reluctant to move out, rent a room, find somewhere else etc. etc. as I did not anticipate being assaulted by the co-tenant on the house. I am quite simply wondering, whether co-tenancy offers me an protection. If it does not, in law, then I will abide by the law. It seems like a futile exercise however to bother signing someone else up to a lease, if their breach of the terms of such lease, leaves you fully liable?

Each of you, jointly and severally signed up to 100% of the rent. Any agreement you and your ex came to as to how this would be divided between you was your affair, and is not the landlord's problem.

Perhaps you should have read the small print before signing. That would have been clever.

TheBandicoot

NipNip wrote: »

I don't believe that we are jointly and severally responsible.

You are. Look at your lease.

For example, look at this example lease agreement:

"The Tenant" includes the successors in title. Whenever there is more than one Tenant, each and every
covenant and obligation can be enforced against all the tenants jointly and against each individually.

As has been said, your options are to assign the lease, pay the full rent somehow, or move out/be evicted. That's it

Giblet

Ok, your way out of this is.

Get someone to takeover the lease from your ex. You are allowed to reassign a lease, and if the landlord isn't out of pocket, all is fine. Again, it doesn't matter what the lease says in this regard, you have rights backing you up here.

The other way is to cut and run and lose money.

That's it.

doubter

doubter wrote: »

yes you are.

uhm...unless there is something in the lease that frees you from that. To know that, one would need to read the lease agreement.But if there is nothing in there, my assumption would be you are jointly and seperate responsible. But I;m sure there are free legal aids who could answer that. Possibly a acall to the PTRSB might shed some light on it.

Zulu

Correct me if I'm wrong: you want to stay on and only pay half the rent. You feel you are entitled to because you signed "half" the lease.

Well you can't. You need to either pay the full rent or you need to leave. Just because you got screwed doesn't mean you get to screw your landlord.

My advice? Grow up and take some responsibility for yourself.

NipNip

endacl wrote: »

Each of you, jointly and severally signed up to 100% of the rent. Any agreement you and your ex came to as to how this would be divided between you was your affair, and is not the landlord's problem.

Perhaps you should have read the small print before signing. That would have been clever.

Do you wish me to type out the content of this lease? I'm fairly lively at the old typing' I can do so no problem! 'Himself' also made me sign a statement (hand-written) at the back of the lease stating that I would leave the house (this was while he had my neck in his hand). Is that a 'clause' I should obey perhaps? I signed it and he signed it? Do you think him holding my neck and roaring at me and dipping my head into the page would constitute a legal document?

endacl

NipNip wrote: »

Do you wish me to type out the content of this lease? I'm fairly lively at the old typing' I can do so no problem! 'Himself' also made me sign a statement (hand-written) at the back of the lease stating that I would leave the house (this was while he had my neck in his hand). Is that a 'clause' I should obey perhaps? I signed it and he signed it? Do you think him holding my neck and roaring at me and dipping my head into the page would constitute a legal document?

No. That would have been 'under duress'.

Out of interest, why are you being so antagonistic to people who freely and willingly took the time to answer the question you asked? I've yet to read a 'thank you for the information' from you.

Did you get lost on your way to www.tellmeexactlywhatiwanttohear.com?

:rolleyes:

Zulu

NipNip wrote: »

You're wrong. I want to know what my legal obligations in relation to this contract are.

We're not allowed give "legal advice" on this site.

But either way, are you section 4? If not, what does your contract say??

And finally, why do you believe your landlord should be out of pocket for your misfortune?

mloc123

Simple solution here. Move out of the house, let your ex move in and continue and find somewhere you can afford on your own.