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Subletter with deposit issue

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  • 27-05-2015 8:13pm
    #1
    Corn_1973
    Registered Users Posts: 3 ✭


    Just looking for a bit of advice

    So at the start of the year I moved into a room that was sublet to me. Currently the lease is not up, and the deposit was paid from me directly to the person leaving. Everything was very casual and friendly with the new housemates, so I signed nothing lease-wise, with rent and bills being paid directly to one housemate who paid the letting agency for all of us.

    The communication for the house was on a Facebook group-chat amongst all the tenants. Six weeks ago I gave notice on this chat group that I was moving out. Since then I've done more than enough regards trying to get room filled (as thats apparently how it worked in the house, the leaver tries to get room filled), however due to a combination of the housemates being particular as to who they want and bad luck the room is not filled yet; 2 people have agreed to move in, but have bailed out before the deposits been sorted.

    When the issue was brought up with the housemates after the first person bailed, I was told that it was my problem, as I'd wanted to move out. I advised on the notice given, but that was brushed off.

    Fast approaching the end of the six weeks now. Do I have any rights ?


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    #2
    Miamiheat
    Registered Users Posts: 291 ✭✭Miamiheat


    Corn_1973 wrote: »
    Just looking for a bit of advice

    So at the start of the year I moved into a room that was sublet to me. Currently the lease is not up, and the deposit was paid from me directly to the person leaving. Everything was very casual and friendly with the new housemates, so I signed nothing lease-wise, with rent and bills being paid directly to one housemate who paid the letting agency for all of us.

    The communication for the house was on a Facebook group-chat amongst all the tenants. Six weeks ago I gave notice on this chat group that I was moving out. Since then I've done more than enough regards trying to get room filled (as thats apparently how it worked in the house, the leaver tries to get room filled), however due to a combination of the housemates being particular as to who they want and bad luck the room is not filled yet; 2 people have agreed to move in, but have bailed out before the deposits been sorted.

    When the issue was brought up with the housemates after the first person bailed, I was told that it was my problem, as I'd wanted to move out. I advised on the notice given, but that was brushed off.

    Fast approaching the end of the six weeks now. Do I have any rights ?

    If you haven't signed anything you can leave. But I understand you will be forfeiting your deposit. If you are being reasonable by trying to bring someone your flatmates shouldn't be too picky unless it's always been the case and you were treated in the same fashion. After all what would they do if they were the ones leaving and you vetoed any potential new renter?


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    #3
    Corn_1973
    Registered Users Posts: 3 ✭Corn_1973


    Miamiheat wrote: »
    If you haven't signed anything you can leave. But I understand you will be forfeiting your deposit. If you are being reasonable by trying to bring someone your flatmates shouldn't be too picky unless it's always been the case and you were treated in the same fashion. After all what would they do if they were the ones leaving and you vetoed any potential new renter?

    The issues never being able to leave, it's been me 'giving notice', but that not being acknowledged as a valid reason for them to be liable if the room has not been filled after the over-gracious 6 week notice period. So essentially, no lease, no signature, no leg to stand on ?


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    #4
    Miamiheat
    Registered Users Posts: 291 ✭✭Miamiheat


    Corn_1973 wrote: »
    The issues never being able to leave, it's been me 'giving notice', but that not being acknowledged as a valid reason for them to be liable if the room has not been filled after the over-gracious 6 week notice period. So essentially, no lease, no signature, no leg to stand on ?

    I lived in a similar situation: no lease, leaver finds a replacement. The system is you get the deposit from the guy replacing you: if there is no one replacing you then there is no deposit. It is not up to the other lads to pay your deposit. However with a system like this they have limited say on who replaces you: that system of sharing is made to be flexible so they should not be uptight about it.

    Tell them if they want to be picky then they can pay you the deposit and chose whoever they like. Now you could be right and they could be jerks about it and i dont see what you can do.


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    #5
    Selik
    Registered Users Posts: 1,678 ✭✭✭Selik


    Just get somebody in ASAP, get your deposit off the new person and be done with it. You're certainly not liable for any rent due on the room from after your agreed leaving date. Obviously the sooner you ensure somebody moves into your room the sooner you get your deposit - just get it directly off the person moving into your room so your ex-housemates don't try and pull a fast one on ya ;)


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    #6
    Selik
    Registered Users Posts: 1,678 ✭✭✭Selik


    They've had 6 weeks to sort this out and should have found somebody by now especially as you've been helping with it too.


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    #7
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Corn_1973 wrote: »
    The issues never being able to leave, it's been me 'giving notice', but that not being acknowledged as a valid reason for them to be liable if the room has not been filled after the over-gracious 6 week notice period. So essentially, no lease, no signature, no leg to stand on ?

    You have given plenty of notice in a situation where you are not a tenant but a licencee. This means you can leave at any time. Your deposit is forfeit since you have not found a replacement to get a deposit from, but you have no obligations to rent due after you leave.


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    #8
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    I think it ridiculous that the housemates keep vetoing people you have found, there was a thread recently where some people said they wouldn't houseshare without having a veto on new housemates and this is what happens when people get that power.

    Obviously you need to be a bit picky but surely someone who has seen the room was reasonable enough for them to accept.

    On the deposit I think its grossley unfair that you will lose it, is there any chance the LL would step in and give you back your portion. I know in houseshares Ive been in when a leaver failed to get a person to fill the room and thus get their deposit the LL stepped in and gave them their deposit back.


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    #9
    Selik
    Registered Users Posts: 1,678 ✭✭✭Selik


    Michael D Not Higgins wrote: »
    You have given plenty of notice in a situation where you are not a tenant but a licencee. This means you can leave at any time. Your deposit is forfeit since you have not found a replacement to get a deposit from, but you have no obligations to rent due after you leave.

    Yeah but once somebody is found for the room then surely the deposit goes to him yes? Like I'm presuming the OP will be working with his former flatmates until such a time and obviously to get somebody ASAP. The new person then pays the deposit to him surely I would think...


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    #10
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Giles wrote: »
    Yeah but once somebody is found for the room then surely the deposit goes to him yes? Like I'm presuming the OP will be working with his former flatmates until such a time and obviously to get somebody ASAP. The new person then pays the deposit to him surely I would think...

    Sure maybe they should do that. In order to enforce that if they don't agree you'd have to go to the small claims court.


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    #11
    Selik
    Registered Users Posts: 1,678 ✭✭✭Selik


    Michael D Not Higgins wrote: »
    Sure maybe they should do that. In order to enforce that if they don't agree you'd have to go to the small claims court.

    So if OP finds a new person for the room next week after whatever date his rent is paid up until the deposit from the new person would logically go to OP. The flatmates hardly get to pocket it! Maybe they can deduct whatever days were unrented at a push but anything beyond that would be quite outrageous if you ask me, legal or not.


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    #12
    Miamiheat
    Registered Users Posts: 291 ✭✭Miamiheat


    Giles wrote: »
    So if OP finds a new person for the room next week after whatever date his rent is paid up until the deposit from the new person would logically go to OP. The flatmates hardly get to pocket it! Maybe they can deduct whatever days were unrented at a push but anything beyond that would be quite outrageous if you ask me, legal or not.

    Although outrageous I wouldn't be surprised if they would try to do that: they are already giving the OP a hard time getting a replacement. OP if you owe money on bills i would suggest you use it as leverage in negotiation: but that is really last resort and only if they keep giving you a hard time for the sake of it.


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