Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Landlord & Tenancy disputing
Options
-
18-05-2017 7:26pm#1Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Join Date:Posts: 21860
Strange scenario after developing in the house my partner has recently moved into, would be interested peoples thoughts:
House was advertised with various rooms to rent, managed by agent. Four people living in the house, four moving out -- all agreed and confirmed with agent that it's not an issue. Existing lease until September with likely extension per the advert. Three new people came in and "took over the lease". Swapped deposits effectively with tenants leaving. New tenants contacted agency to inform of various items of damage. Not a problem per agency, all documented and one issue with a backdoor would be repaired ASAP. Other items not that significant.
Handyman arrives and discovers a security issue with the front door after fixing back door. Reports to landlord with costing and landlord contacts agency to say he is very unhappy, blaming tenants. It appears previous tenants may have been an issue and were warned before, that part isn't very clear but the landlord and agency are not getting on.
Landlord completely unaware that there are actually four different people in the house and they didn't cause any of the damage and they documented the damage to the agency when they moved in. Agency notifies tenants that they are departing from the landlord in September and they would need to move out in September and find somewhere else. Landlord not renewing the girls in the house lease (thinking it's the original tenants). Agency won't be telling the landlord about the new tenants, just said to move on and let a fresh group move in.
Me personally? I'd contact the landlord directly. The tenants just want to move on as they don't want the hassle. But surely the landlord would be delighted to have four decent tenants and once all the documentation about damage is brought to his attention, he could understand the issues and agree to extend a new lease.
Thoughts?
0
Comments
-
-
-
-
-
-
Advertisement
-
-
-
Strange scenario after developing in the house my partner has recently moved into, would be interested peoples thoughts:
House was advertised with various rooms to rent, managed by agent. Four people living in the house, four moving out -- all agreed and confirmed with agent that it's not an issue. Existing lease until September with likely extension per the advert. Three new people came in and "took over the lease". Swapped deposits effectively with tenants leaving. New tenants contacted agency to inform of various items of damage. Not a problem per agency, all documented and one issue with a backdoor would be repaired ASAP. Other items not that significant.
Handyman arrives and discovers a security issue with the front door after fixing back door. Reports to landlord with costing and landlord contacts agency to say he is very unhappy, blaming tenants. It appears previous tenants may have been an issue and were warned before, that part isn't very clear but the landlord and agency are not getting on.
Landlord completely unaware that there are actually four different people in the house and they didn't cause any of the damage and they documented the damage to the agency when they moved in. Agency notifies tenants that they are departing from the landlord in September and they would need to move out in September and find somewhere else. Landlord not renewing the girls in the house lease (thinking it's the original tenants). Agency won't be telling the landlord about the new tenants, just said to move on and let a fresh group move in.
Me personally? I'd contact the landlord directly. The tenants just want to move on as they don't want the hassle. But surely the landlord would be delighted to have four decent tenants and once all the documentation about damage is brought to his attention, he could understand the issues and agree to extend a new lease.
Thoughts?
I would contact the LL, some agents tend to charge a finders fee for the tenants in the property if the LL pulls out, this may be in the LL's contract but neither the LL or agent can uphold a term that states the tenants must move out if the finders fee is not paid. But more than likely just the agent trying to get money from the LL.
You should try and establish what the current situation for the tenants is. The lease term is not important, but the date the tenancy started and ends (4 years for any that started before December 16.
If the original tenants all left together or practically so and were replaced by new tenants, the original tenancy can be deemed as been broken and a new tenancy started with the new tenants. A new part 4 will commence after 6 months offering security of tenure, for a further 5 1/2 years.
If the replacement of tenants was gradually one by one, the tenancy has been preserved and if a part 4 tenancy was in place, it will continue until 4 years past the date of moving in assuming the tenancy started before December.
Unfortunately in either scenario, the new tenants (if they don't move themselves) will be responsible to the LL for the handback of the property eventually, and any damages occurred at least to the value of the deposit paid, maybe more. Better to get the LL to inspect now if that is the case. If the previous tenants are known or contactable, the current tenants may be able to recover any damages from the previous tenants without courts, but if legal action is required, the district court will have to be used.0 -
-
-
Advertisement
-
Advertisement