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Issues with tenant leaving

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    #32
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Since you've clarified that it's the letting agent he should be getting the deposit from. You still have no business fining him though, especially as his lease wasn't with you it's with the letting agent/landlord.

    What should really happen since the lease is being reassigned to you is: the agent should give him back his deposit once they've inspected, you give the letting agent your deposit to complete the lease reassignment, and the new housemate you're subletting to gives you his deposit. Taking a shortcut is asking for trouble. He has every right to get his deposit directly from the agent even if you give him money since he only has a contract with them, so I'd just stay out of it.

    If you do decide to shortcut the process his deposit should really come from your portion by rights, as you are replacing him on the lease, not the new subletee. And presumably your portion is available immediately?


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    #33
    beaner92
    Registered Users Posts: 152 ✭✭beaner92


    TheChizler wrote: »
    Since you've clarified that it's the letting agent he should be getting the deposit from. You still have no business fining him though, especially as his lease wasn't with you it's with the letting agent/landlord.

    What should really happen since the lease is being reassigned to you is: the agent should give him back his deposit once they've inspected, you give the letting agent your deposit to complete the lease reassignment, and the new housemate you're subletting to gives you his deposit. Taking a shortcut is asking for trouble. He has every right to get his deposit directly from the agent even if you give hime money since he only has a contract with them, so I'd just stay out of it.

    Ok fair. I proposed this to the letting agent. They said they will send a new contract at the end of the march. Because on the lease they signed , it expires on the 15/03. But the guy leaving doesn't want to wait till the 15th or at the end of the month when the new tenants sign the lease to get money from the letting agent.


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    #34
    riffmongous
    Moderators, Society & Culture Moderators Posts: 12,765 Mod ✭✭✭✭riffmongous


    beaner92 wrote: »
    I don't feel comfortable with him having a key being able to enter the house when I'm not there or no one is around. It's a penalty imo. I'll tell him this tomorrow.
    It's a letting agents running the apartment he and my girlfriend signed the lease together. But he doesn't want to renew . THe letting agent has the full deposit . I did tell him try to go the the letting agent and collect but it's likely they will probably say no. Sort it out among yourselves. And he will have to agree to my terms .
    Why not? He's been living there the past while already. Now if you decide to hold on to his deposit, make deductions and create a lot of bad feeling then you should be worried alright.


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    #35
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    A lease can be reassigned at any time, and an email is sufficient in terms of paperwork. Actually do you have any reason to accept the new lease? Normally there's very little if no advantage from the tenant's point of view.


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    #36
    beaner92
    Registered Users Posts: 152 ✭✭beaner92


    riffmongous wrote: »
    Why not? He's been living there the past while already. Now if you decide to hold on to his deposit, make deductions and create a lot of bad feeling then you should be worried alright.

    I don't want to hold his deposit. Damn lol. all he has to do is leave the keys and leave . The day he stops paying rent .


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    #37
    beaner92
    Registered Users Posts: 152 ✭✭beaner92


    TheChizler wrote: »
    A lease can be reassigned at any time, and an email is sufficient in terms of paperwork. Actually do you have any reason to accept the new lease? Normally there's very little if no advantage from the tenant's point of view.

    I'd sign a lease now get letting agent to pay him ! But the agency won't send one till end of march.

    Thanks for you input folks greatly appreciated


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    #38
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    How much is a new set of lock & keys? It'd be coming out of his deposit, as he didn't return them when he left the apartment.


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    #39
    El_Duderino 09
    Registered Users Posts: 20,257 ✭✭✭✭El_Duderino 09


    beaner92 wrote:
    I don't feel comfortable with him having a key being able to enter the house when I'm not there or no one is around. It's a penalty imo. I'll tell him this tomorrow. It's a letting agents running the apartment he and my girlfriend signed the lease together. But he doesn't want to renew . THe letting agent has the full deposit . I did tell him try to go the the letting agent and collect but it's likely they will probably say no. Sort it out among yourselves. And he will have to agree to my terms .
    Change the lock and deduct the cost. But you can't profit from deducting it

    If he's getting arsey, just let him go through the letting agent and have nothing more to do with it.


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    #40
    jameorahiely
    Registered Users Posts: 825 ✭✭✭jameorahiely


    The thing about changing the locks on the 1st is the guys lease is until the 15th. Illegal evictiom and no room for the new lad moving in until the 15th will be nice


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    #41
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    newacc2015 wrote: »
    Under the law, until the day you return the keys you are liable for the rent. The guy is entitled to keep the keys when he moves out, but OP tell the agent to deduct the few days rent from him

    Irish tenants expect the deposit to be in an envelope the day they move out. I know from experience it only when you start to clean the room, etc that you notice damage, what needs replacing etc.

    Is this a licensee agreement or a lease. If it's a licensee agreement could you point me to the case law if it's a lease the provision in the RTA that requires keys to be returned?

    It might very well be in the lease but as far as I know that's the only way such a situation would be a legal requirement, under contract. I stand to be corrected though.

    I hand keys over the moment I get a deposit and don't expect them back until that deposit is returned.


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    #42
    El_Duderino 09
    Registered Users Posts: 20,257 ✭✭✭✭El_Duderino 09


    jameorahiely wrote:
    The thing about changing the locks on the 1st is the guys lease is until the 15th. Illegal evictiom and no room for the new lad moving in until the 15th will be nice

    They're both agreeing to terminate the lease on the 1st. Otherwise he pays until the 15th and shouldn't expect his deposit returned until the 15th - with a few days leeway for arranging the return.

    I don't know why the tenant is getting involved with returning the deposit at all. Why not just let him deal with the estate agent?


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    #43
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    It's fairly standard in houseshares to have to wait for the next person moving in to hand you the deposit, certainly in my experience anyway. This of course means there could be a little time before you get it if the new person isn't moving in straight away.


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    #44
    jameorahiely
    Registered Users Posts: 825 ✭✭✭jameorahiely


    El_Duderino 09 wrote: »
    They're both agreeing to terminate the lease on the 1st. Otherwise he pays until the 15th and shouldn't expect his deposit returned until the 15th - with a few days leeway for arranging the return.

    I don't know why the tenant is getting involved with returning the deposit at all. Why not just let him deal with the estate agent?
    If the OP has that in writing well then that's something. The rent is already paid for march so the estate agent isn't going to care if it was the departer or who gave it. It would be up to the new subletter to chase the departer for the refund.

    The OP decided to select someone for the room who didn't have a deposit ready. The departer could find someone with the deposit ready to move in and replace them.

    I don't know why the estate agent isn't dealing with this either


    Harold Creamy Earth wrote: »
    It's fairly standard in houseshares to have to wait for the next person moving in to hand you the deposit, certainly in my experience anyway. This of course means there could be a little time before you get it if the new person isn't moving in straight away.
    But the person is moving in straight away, they just don't have their deposit together


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    #45
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    beaner92 wrote: »
    *We have also confirmed from the new occupant that he should have the deposit together by the time he moves in or within 4-5 days of that date.
    beaner92 wrote: »
    Quick question, should all this be handled by the estate agent? The whole deposit mess? Should this guy just go to the agency?
    At this stage, I thing it should be handled by the agency, as otherwise you may be the ones to lose out.


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    #46
    chocfan
    Registered Users Posts: 170 ✭✭chocfan


    Somebody else may have already suggested this but to me, the most obvious solution is that you (beaner92) just pays your whole deposit to the guy leaving.

    I think you mentioned you had given your OH 500 already to cover some or all of it. Why not just pay it all and just give it to him? Then agree with the letting agency that the deposit he originally paid is now yours when you move out eventually

    Can't really criticise him wanting his cash back when you're getting away with only paying a portion of yours


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    #47
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    chocfan wrote:
    Can't really criticise him wanting his cash back when you're getting away with only paying a portion of yours


    I presume OP is only paying 500 cause he's sharing a bedroom?


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    #48
    chocfan
    Registered Users Posts: 170 ✭✭chocfan


    Well that's fair enough and makes sense

    I know he has offered to pay the flatmate that 500 and I think he should definitely do that but himself and his OH agreed to take on this other guy even though he hasn't a deposit paid. Instead, they chose to allow him to pay rent as it suited them because the rent for the up coming month was due.

    The fairest thing would have been to take money off the new flatmate (whatever amount they had agreed), given the current flatmate his deposit out of it and then come up with the extra that they might have needed to cover the upcoming rent while waiting on the deposit from the new flatmate.

    A bit much to be having a go off this guy for not having the means to support himself while they chose to support themselves through agreeing to allow the new guy to be late with the deposit but using his funds to pay the rent rather than refunding the deposit to the current flatmate


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    #49
    El_Duderino 09
    Registered Users Posts: 20,257 ✭✭✭✭El_Duderino 09


    chocfan wrote:
    Somebody else may have already suggested this but to me, the most obvious solution is that you (beaner92) just pays your whole deposit to the guy leaving.

    There's no way I'd leave myself out of pocket, relying on the word of someone I don't know to reimburse me. Let him go through the letting agency to get his deposit back. If he has to stay and pay until the 15th, that's part of the problem he created. I bet he can work something out until he gets his deposit back - borrow for his own deposit from his own credit card for example.

    As I said, if someone has to be in debit here, it wouldn't be me for even one day


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