Landlord forcing me into arrears

Stratahead

Hi,

I'm 8 months in my accommodation, the lease was a 6 month fixed term one. I moved here after seeing the property on a Facebook group and signed the contract along with the two guys who already live there.

These two are now moving out leaving me as the sole occupier of the house. The landlord contacted me when they handed in their notice to put my name on the electric account which I did.

Since then I have advertised the two rooms that will be spare on daft, the landlord since contacted me and said I will not be allowed to sublet any rooms and that I will be the only person in the house once the other two leave. He has also informed the other two not to allow any viewings (he claims it would be illegal without his permission) of their rooms and that they must remain locked at all times.

This is tripling my rent which I cannot afford. I've contacted threshold and they've advised me to go ahead and move people in. They also said it's quite likely that my landlord is trying to force me to breach my tenancy agreement so he can put the rent up and bring someone else in. I'm worried about bringing people in as they won't have a contract to sign, my landlord is going to accuse me of subletting and it's kinda sketchy moving strangers in under such circumstances.

I'd love to go elsewhere but I have only 4 days left to figure this out and I won't get my deposit back without the proper notice period.

Any advice would be appreciated here. I don't want to end up in debt or homeless.

Mr. Incognito

Stratahead wrote: »

Hi,

I'm 8 months in my accommodation, the lease was a 6 month fixed term one. I moved here after seeing the property on a Facebook group and signed the contract along with the two guys who already live there.

These two are now moving out leaving me as the sole occupier of the house. The landlord contacted me when they handed in their notice to put my name on the electric account which I did.

Since then I have advertised the two rooms that will be spare on daft, the landlord since contacted me and said I will not be allowed to sublet any rooms and that I will be the only person in the house once the other two leave. He has also informed the other two not to allow any viewings (he claims it would be illegal without his permission) of their rooms and that they must remain locked at all times.

This is tripling my rent which I cannot afford. I've contacted threshold and they've advised me to go ahead and move people in. They also said it's quite likely that my landlord is trying to force me to breach my tenancy agreement so he can put the rent up and bring someone else in. I'm worried about bringing people in as they won't have a contract to sign, my landlord is going to accuse me of subletting and it's kinda sketchy moving strangers in under such circumstances.

I'd love to go elsewhere but I have only 4 days left to figure this out and I won't get my deposit back without the proper notice period.

Any advice would be appreciated here. I don't want to end up in debt or homeless.

You are renting a room not the house

Tell him that you won't be moving out and if he doesn't want to rent the other rooms fine. You'll not be subsidising the rent. He has accepted the termination of the other two lads. After that you are not responsible for their share of the rent.

He'll shortly change his tune.

DubCount

I don't think Threshold have given the best advice here. You cant sublet without the consent of the landlord. If you go ahead against your landlord instruction, you could be in hot water. I don't see any way out if you cant pay the rent yourself.

Stratahead

DubCount wrote: »

I don't think Threshold have given the best advice here. You cant sublet without the consent of the landlord. If you go ahead against your landlord instruction, you could be in hot water. I don't see any way out if you cant pay the rent yourself.

I've tried this but because my name is on the tenancy then that would leave me liable for the rent. There's no law on this so I've no idea where I stand. I've never been in debt before and that's my biggest fear if I stand my ground.

Sarn

If you are renting the entire property surely you should be able to reassign the lease from the other two individuals? My understanding is that the LL cannot object to this provided the tenants are of an equivalent 'quality'.

DubCount

https://www.rtb.ie/dispute-resolution/dispute-resolution/the-three-stages-of-a-tenancy/what-is-subletting-

Paulw

When you first rented, were you the only name on the lease? Or did you sign a lease for a house share? I'm confused.

Bushmanpm

"Eight months in on a SIX MONTH FIXED TERM lease" and Threshold reckon the landlord is trying to force YOU to breach your tenancy agreement?
Wow!
I'd also check your lease (the six month one from eight months ago) regarding subletting because if the agreement is between you and the landlord, how can you introduce a third party that the landlord knows nothing about other than you're desperate?
So to recap, Threshold are not only advising questionable subletting, they are also encouraging overholding?
Good job they're not publicly funded by tax payers, some of which would be landlords.

davindub

DubCount wrote: »

https://www.rtb.ie/dispute-resolution/dispute-resolution/the-three-stages-of-a-tenancy/what-is-subletting-

what has that got to do with the OP? He is not subletting the property to another.

OP the LL actually has no legal recourse to take with you, you are free to replace tenants and it is common. Threshold are absolutely correct, the LL want to terminate your tenancy for whatever reason, but cannot do it. He is mistaken if he believes that he can force you out financially.

As you probably replaced a tenants yourself, i'd say you and your housemates shared a tenancy rather than each having one of your own. For the LL this means he can expect the full rent to be paid, but cannot interfere with the replacement of tenants. He surrenders his property rights to the holders of the tenancy in return for rent.

Normally I would suggest you let the LL vet the new tenants, but in this instance don't bother. Just go ahead and do it. Also have you keys to those doors and the other tenants have moved out? If not replace the locks and deduct from the rent and send him a copy of the receipt. any case he would have would be countered by your claim for possession of property.

Stratahead

Paulw wrote: »

When you first rented, were you the only name on the lease? Or did you sign a lease for a house share? I'm confused.

There were two people in here when I first moved in. I signed a lease along with the other occupants who already resided at the house. I didn't sign any lease for a house share.

Stratahead

DubCount wrote: »

I don't think Threshold have given the best advice here. You cant sublet without the consent of the landlord. If you go ahead against your landlord instruction, you could be in hot water. I don't see any way out if you cant pay the rent yourself.

Threshold have advised me that it wouldn't be subletting because I'm not subletting the property as a hole but the lease does specify subletting rooms. I haven't a clue what to do to be honest.

TheChizler

Bushmanpm wrote: »

"Eight months in on a SIX MONTH FIXED TERM lease" and Threshold reckon the landlord is trying to force YOU to breach your tenancy agreement?
Wow!
I'd also check your lease (the six month one from eight months ago) regarding subletting because if the agreement is between you and the landlord, how can you introduce a third party that the landlord knows nothing about other than you're desperate?
So to recap, Threshold are not only advising questionable subletting, they are also encouraging overholding?
Good job they're not publicly funded by tax payers, some of which would be landlords.

You think staying on beyond the end of a lease is overholding?

Stratahead

TheChizler wrote: »

You think staying on beyond the end of a lease is overholding?

The landlord has stated he has no problem with me staying on in the house but he doesn't permit any other occupants to move in. I don't think overholding is an issue here.

Zillah

Stratahead wrote: »

but the lease does specify subletting rooms

Specify what, that it is allowed?

Stratahead

Zillah wrote: »

Specify what, that it is allowed?

That I can't sublet any room or part of the property. Threshold have advised that if I bring new people in that it wouldn't be subletting.

jimmycrackcorm

Stratahead wrote:

That I can't sublet any room or part of the property. Threshold have advised that if I bring new people in that it wouldn't be subletting.

Not avoiding to the link above, because you would be the one collecting the rent from them.

The landlord can't stop you from locking the other rooms our from having guests over if you are paying the full rent.

I wouldn't fancy the landlords chances against the rtb the way he is carrying on though.

The_Conductor

It would appear that the OP and his two housemates- have rented the house- as opposed to the rooms- and not individual rooms.

Accordingly- any one of the 3 of them- are jointly and severally liable to rent the entire property.

They have specific lease terms forbidding leasing individual rooms- which is well and good.

The OP can reassign the lease in full to another person- if they no longer wish to continue the tenancy- however, they have undertaken not to sublet rooms.

The information Threshold have given in this instance- is pretty appalling.

OP- can you confirm- you and your two housemates- were renting the entire house- and not individual rooms?

padser

The advice being given here is a bit bonkers. Without having details of the lease it's impossible to know what situation the LL and PP are in. Generic answers like "LL can't object to you moving in tenants" are quite possible completely wrong.

@OP, did Threshold view the lease before giving you advice? If so, I'd believe their advice. If not, I'd disregard it, unless they advised you that their advice was accurate irrespective of what's in your lease (which I doubt given you are only 8 months in the property).

@OP, if you can't afford going to solicitor (best option) then take an hour, sit down and read your lease. It's written in English and will at least mostly be readable. If there is something you don't understand post it onto the legal forum and ask if someone can translate it for you into plain English. If you find a clause that directly prohibits you from bringing in sub tenants see if you can find something online (like citizens advice) which would indicate whether that clause is legal or not

davo10

Op, put simply, is the LL saying 2 replacements cannot move in, or is he saying you cannot sublet? These are two very different situations. You can get two new people to rent the rooms under the terms of the lease you signed, you are replacing like with like, three tenants who all pay rent to the LL at the rate agreed. But he seems to be saying you cannot sublet the rooms, i.e. The two new tenants are renting from and paying rent to you as the lease holder. That is standard in most residential tenancies, LL do not allow sublets where the main tenant may actually be making a profit and the new tenants are licencees.

Browney7

Just as a matter of interest OP, what happened the deposit for the departing tenants? Did landlord refund their portion or will it be up to you to give them their portion.

If you get two people in and keep paying the rent and they're fine and do no damage do you really think the landlord will go to the RTB? Landlord: "One of my tenants was left with no where to go, got other people in on their own initiative who have done nothing wrong and haven't missed a days rent but I want to enforce one term in the lease for reasons known only to myself". If the RTB is as pro tenant as people say.....

Stratahead

The_Conductor wrote: »

It would appear that the OP and his two housemates- have rented the house- as opposed to the rooms- and not individual rooms.

Accordingly- any one of the 3 of them- are jointly and severally liable to rent the entire property.

They have specific lease terms forbidding leasing individual rooms- which is well and good.

The OP can reassign the lease in full to another person- if they no longer wish to continue the tenancy- however, they have undertaken not to sublet rooms.

The information Threshold have given in this instance- is pretty appalling.

OP- can you confirm- you and your two housemates- were renting the entire house- and not individual rooms?

Yeah, we were renting the entire house. Everyone is on the main lease of the house.

dogbert27

As the other two tenants were already in the house when you moved in I assume you each paid your portion of the rent to the landlord, i.e. 3 separate payments to the landlords account.

If the landlord has agreed to the other tenants leaving but still wants their portion of the rent paid to him then he has to accept that you can have two more people replace the previous tenants.

If the two new tenants pay the landlord directly then this would not be subletting as you personally would not be receiving any money from the new tenants.

Is the landlord registered with the PRTB?

Stratahead

Browney7 wrote: »

Just as a matter of interest OP, what happened the deposit for the departing tenants? Did landlord refund their portion or will it be up to you to give them their portion.

If you get two people in and keep paying the rent and they're fine and do no damage do you really think the landlord will go to the RTB? Landlord: "One of my tenants was left with no where to go, got other people in on their own initiative who have done nothing wrong and haven't missed a days rent but I want to enforce one term in the lease for reasons known only to myself". If the RTB is as pro tenant as people say.....

The other tenants believe they're getting their deposits back. He has told them that they will receive their deposit but I sincerely doubt this.

beauf

Stratahead wrote: »

....the lease was a 6 month fixed term one...

Sounds like hes keeping short term tenants so he can rotate the tenants and increase the rent.

I'm curious what lease Threashold thinks he is breaking.

The_Conductor

beauf wrote: »

Sounds like hes keeping short term tenants so he can rotate the tenants and increase the rent.

I'm curious what lease Threashold thinks he is breaking.

I'm guessing Threshold told the OP whatever he wanted to hear- to get him off the phone. Honestly- I'm staggered that they continue to receive state funding- their advice is simply appalling.

So- the OP and his housemates signed a lease for the entire property- and his two mates have now buggered off.......

Solution- request permission to assign the lease- do so- and get out of there.
Aka- one person can't sublet to randomers- they are jointly and severally liable for the rent for the property. The two housemates who buggered off- are in the same boat- they continue to be jointly and severally liable for the rent.

You are letting the whole property- as you agreed to- and you've also agreed you're not subletting bedrooms to others.

Next time- read the lease when you're signing it.

The two housemates who've buggered off- got the deal of the century- you gave them a 'get out of jail free card'.

Key to all of this- you are renting the whole house- with your two mates- and have signed a lease expressly agreeing not to sublet bedrooms...........

You are liable for the entirety of the rent- if you decide to stay- mind you- your two mates are too.

Stratahead

The_Conductor wrote: »

I'm guessing Threshold told the OP whatever he wanted to hear- to get him off the phone. Honestly- I'm staggered that they continue to receive state funding- their advice is simply appalling.

So- the OP and his housemates signed a lease for the entire property- and his two mates have now buggered off.......

Solution- request permission to assign the lease- do so- and get out of there.
Aka- one person can't sublet to randomers- they are jointly and severally liable for the rent for the property. The two housemates who buggered off- are in the same boat- they continue to be jointly and severally liable for the rent.

You are letting the whole property- as you agreed to- and you've also agreed you're not subletting bedrooms to others.

Next time- read the lease when you're signing it.

The two housemates who've buggered off- got the deal of the century- you gave them a 'get out of jail free card'.

Key to all of this- you are renting the whole house- with your two mates- and have signed a lease expressly agreeing not to sublet bedrooms...........

You are liable for the entirety of the rent- if you decide to stay- mind you- your two mates are too.

They're two strangers. People have moved in and out of this house in the same fashion for at least the last 3 years. Although they always replaced themselves.

This time, when two are moving out, the LL has requested no-one moves in.

The_Conductor

Stratahead wrote: »

They're two strangers. People have moved in and out of this house in the same fashion for at least the last 3 years. Although they always replaced themselves.

This time, when two are moving out, the LL has requested no-one moves in.

This may be how you managed the property up to now- however, you signed a lease saying something else entirely- and while it would be a civil matter for the landlord to chase you to enfore it- he/she is within their rights to do so.

For crying out loud- read what you're signing next time.

GGTrek

I believe the OP is in a difficult predicament since he has signed a joint lease. The landlord has a strong hand based on section 16 (k) of the RTA:

"(k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),"

You would have to check RTB Tribunal determination orders for similar cases in the rtb disputes database to see if the discretion allowed to the landlord is limited and in what way. In any case not an easy one.

The_Conductor

The OP could ask to assign the lease- and if the landlord refuses, the tenant can then vacate the tenancy without punitive measures.

Note- paying rent for the whole property- is not a punitive measure- whether the tenant likes it or not- they signed up to rent the property in its entirety. Assigning the lease to a third party- means the OP still owes rent up to the date they vacate the property- for the whole of the property- and they also have to find somewhere else to live.

While I do sympathise with the OP to a certain extent- honestly- signing that lease was nuts.

beauf

I would prefer to rent to one person than a bunch of different people in one house.

beauf

beauf wrote: »

I would prefer to rent to one person than a bunch of different people in one house.

I'd be the opposite (as would many others), I'd rather rent out rooms than a full house. I wouldn't do it like the op though it would be room by room not full house shared. Overall there is less risk to the LL in this setup on many aspects.