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Queries re Apartmetn Lease

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  • 25-08-2016 11:37am
    #1
    blacklilly
    Registered Users Posts: 2,687 ✭✭✭


    Hi All,

    I'm currently renting an apartment with a friend, we are both named on the Lease and the Lease is due to expire in October.

    My friend has to move home which leaves me in a little predicament.

    As you all know renting is very difficult in Dublin at the minute and I'm not sure I'll find somewhere else suitable.

    If I were to stay on in the apartment can someone shed some light on the following queries?

    Do I need to sign a new Lease as my housemate is moving out?
    If I take the Lease into solely my name, can I sublet my housemates room without informing my Landlord?

    If I do need to sign a new Lease, does this mean the Landlord has the opportunity to increase my rent? (we are living in the apartment 1 year)

    Or similar to the 2nd query above, could we could keep the Lease in both our names and just sublet the room?

    Many thanks


Comments

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    #2
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    Do I need to sign a new Lease as my housemate is moving out?

    In October maybe, but you could agree with landlord to have someone take over the room until it is up.

    If I take the Lease into solely my name, can I sublet my housemates room without informing my Landlord?

    I would tell them that someone else is moving, they probably won't mind once the rent is paid.

    If I do need to sign a new Lease, does this mean the Landlord has the opportunity to increase my rent? (we are living in the apartment 1 year)

    They can't increase the rent for another year, if you stay there you tenancy continues and as you have Part IV tenancy rights he can't ask you to leave without a valid reason.

    Or similar to the 2nd query above, could we could keep the Lease in both our names and just sublet the room?

    If the landlord wants another lease, then maybe get one in the new tenants name and yours.

    My advice is call the landlord, tell him your friend is leaving but that someone will replace them and that you would like to sign another lease in October if they so wish. But don't sublet without telling the landlord, not fair on them or you.


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


    What are the rights of the subletee? if it is sublet?
    Does the original tenant become their landlord? can the original tenant give them notice to leave? are their rights/obligations equivalent to a tenant?


    If sublet without permission? do they have any rights?


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    #4
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    cerastes wrote: »
    What are the rights of the subletee? if it is sublet?
    Does the original tenant become their landlord? can the original tenant give them notice to leave? are their rights/obligations equivalent to a tenant?


    If sublet without permission? do they have any rights?

    The subletee has no rights, they are a licensee of the lease holder.

    This may be the route the op wants to go down (its how I'd want to do it) as if the new person doesn't work out they can be got rid of quickly and easily. If they are on the lease with the op then the op would be stuck with them.


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    #5
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Cayson Melted Taurus wrote: »
    The subletee has no rights, they are a licensee of the lease holder.

    This may be the route the op wants to go down (its how I'd want to do it) as if the new person doesn't work out they can be got rid of quickly and easily. If they are on the lease with the op then the op would be stuck with them.

    So even if the landlord has given permission they can be asked to move out? even by the existing tenant's say alone who sublet to them? and neither the tenant nor the landlord has to afford them any rights? Im surprised. Subletting is not something Im familar with.
    I'd considered it for job purposes (not near) rather than renting somewhere completely, just to go in on a place/take a room in a house that was let out already, so its something I've wanted to know what the situation is.
    It does seem like a preferable option for the OP, although they may have to refund the guy leaving of his deposit and take the full resposibility of the lease. It actually seems beneficial for the landlord too.


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    #6
    blacklilly
    Registered Users Posts: 2,687 ✭✭✭blacklilly


    Cayson Melted Taurus wrote: »
    The subletee has no rights, they are a licensee of the lease holder.

    This may be the route the op wants to go down (its how I'd want to do it) as if the new person doesn't work out they can be got rid of quickly and easily. If they are on the lease with the op then the op would be stuck with them.


    Thanks Nox, this is basically what I want to achieve. I intend using the deposit from the sub tenant to pay back my current housemates deposit. The only issue I have then, is that if the sub tenant moves out or I ask them to leave at some point, I will have to fork up their deposit out of my own pocket.

    Also, I should add, I've notified the Landlord of my intention, he's going to pop over to me early next week to discuss so hopefully he'll be agreeable.


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    #7
    campingcarist
    Registered Users Posts: 337 ✭✭campingcarist


    blacklilly wrote: »
    Thanks Nox, this is basically what I want to achieve. I intend using the deposit from the sub tenant to pay back my current housemates deposit. The only issue I have then, is that if the sub tenant moves out or I ask them to leave at some point, I will have to fork up their deposit out of my own pocket.

    Also, I should add, I've notified the Landlord of my intention, he's going to pop over to me early next week to discuss so hopefully he'll be agreeable.
    A "sub-tenant" has all the rights of the RTA 2004. A lodger/licensee has virtually no rights. I presume the OP is really thinking of a lodger/licensee.


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


    campingcarist wrote: »
    A "sub-tenant" has all the rights of the RTA 2004. A lodger/licensee has virtually no rights. I presume the OP is really thinking of a lodger/licensee.

    People tend to use the term sub-let for both scenarios i.e. A lease holder renting a full house/apartment out and not living there and a lease holder renting a spare room in the house/apartment which they live in. As you said in the first instance it's a tenancy in the second it's a licensee situation.


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    #9
    blacklilly
    Registered Users Posts: 2,687 ✭✭✭blacklilly


    Cayson Melted Taurus wrote: »
    People tend to use the term sub-let for both scenarios i.e. A lease holder renting a full house/apartment out and not living there and a lease holder renting a spare room in the house/apartment which they live in. As you said in the first instance it's a tenancy in the second it's a licensee situation.

    Ok so in my situation this person would be a licensee?


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    #10
    campingcarist
    Registered Users Posts: 337 ✭✭campingcarist


    Cayson Melted Taurus wrote: »
    People tend to use the term sub-let for both scenarios i.e. A lease holder renting a full house/apartment out and not living there and a lease holder renting a spare room in the house/apartment which they live in. As you said in the first instance it's a tenancy in the second it's a licensee situation.
    In my opinion, if the incorrect terminology is used people may get the wrong idea of their rights.


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    #11
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    blacklilly wrote: »
    Ok so in my situation this person would be a licensee?

    Yes, in your situation they are a licensee.
    campingcarist wrote: »
    In my opinion, if the incorrect terminology is used people may get the wrong idea of their rights.

    While technically you are correct that what the op is describing is not actually sub-letting the term sub-letting is almost always used to describe renting a room out also.

    As for giving people the wrong idea of their rights, its not the op's job to inform people of their rights that's the persons own job. A person thinking they have rights when they don't doesn't change the fact they have no rights. I don't think people renting out rooms would normally be highlighting the fact that the person renting the room has no rights.


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