Subtenant rights

Hack12

I had this issue with tenants. Landlord more than likely has it in the lease no subletting so the tenants on the lease have broken there lease and it is either

(1) You are added to the lease to regularalise the situation.
(2) Landlord gives notice to all as lease broken.
(3) You leave and they don't sublet again without landlord permission.

If me I would leave as it is not going to be a good environment to live. You could advise the landlord if you wanted so no other person lands in this situation.

I regularised the lease thinking it would be the best option but in the end it didn't work out with tenants. Be careful next time and meet the landlord (even ask for ID and check with RTB they are landlord as subletting is becoming a real problem for all parties)

Samuel T. Cogley

Leon Thousands Megaphone wrote: »

But that notice could suddenly be shortened to a few days or less if the LLs details keep getting requested and the other housemates suspect he is up to something.

I don't even know what the RTB could do if the op was a tenant and was forced out by the housemates, the RTB deal with LL vs tenants (or 3rd party disputes against a neighbours LL etc) what could they actually do to a tenant who kicks out another tenant*?

*Genuine question by the way

You're (IMHO) absolutely correct and the RTB would not be involved if it was. There's nothing the OP could do unless the LL agreed. I'm in full agreement with you on the practical side I'm just suggesting the theoretical side and no harm in asking - however you are probably right again, that maybe there is harm in asking, but according to MCnH, the OP simply wants out. I have to say I'm a bit confused as to what the OP actually wants.

Ciarantriguy12

Will clarify a few things,

I don't hope to live there, at least not long term. Now is the worst time to find accom in Dublin with uni starting back. In 2-3 months it will be much easier. Living with people who don't like me would not bother me either, it would bother them much more I would feel.

My rent is due in one weeks time for which would be a 7th month in the house. My issue is I cannot jump in and take a house elsewhere at this time as they will not return my deposit and I would be stuck paying rent for two accommodations essentially, ideally I would be given my deposit and I would pay weekly from now until I find a new house. By staying I am limited to seek new accommodation after mid august, and it will be extremely difficult to find somewhere. If they had had the decency to inform me of this back in may I would have had no issue.

Essentially I am wondering would the threat of eviction via me contacting the ptrb or getting myself on the lease convince them to go by the payment method I've outlined above. I am just looking to strengthen a negotiating position. I do not feel I should be at the loss of money (having paid 2-4 weeks rent while I've already moved elsewhere) for them.

Is small cliams court an option were I do leave within the next week to recover my deposit? Would I have any leg to stand on there?

Edit: They are looking to replace me with their friend (another subtenant), and it is a letting agency not the landlord that handles the place (maybe they don't really care?)

Michael D Not Higgins

You are entitled to your deposit back if there is no unpaid rent, unpaid bills, no damage caused by you, etc. You don't have to pay for rent while you're not there. You should get accommodation asap and move out. If the tenant still keeps the deposit then you should then go to the SCC to lodge a case. Let the tenant know of your plans if they're not willing to compromise or try to steal the deposit.

C3PO

I'm a bit confused! Why will they not give you your deposit back?

Ciarantriguy12

Their friend dosen't want to move in until next month, they are trying to argue now that I knew from the beginning that it was just until august but;
Originally it was said the lease ran until August in January but they hoped to stay on after, implying to me that I would be included in that discussion. I asked on three occasions since directly, and a few indirectly and they repeated the same thing, they hoped to stay on if the landlord let them. I had hinted multiple times about living here next year. There was never a mention of someone else moving in or questions about when I would move out, I only found out by directly messaging one of them last week and then they told me. Like when were they going to wait to tell me?

Since their friend won't move in until next month they will try to argue it was agreed it was until august, yet at the same time I have no rights as a tenant. They want it both ways. Would this stand up in court if I were to ask for my deposit back? To be honest I'd rather play hardball and just staying next month without paying them rent seems the best option to me. I will stay indefinitely then until I find a new place. I've been a good tenant up to now, I paid rent on time, paid rent for a week before I moved in, have contributed much more than the average share towards toiletries, I paod to get the keys cut, etc.

Michael D Not Higgins

Ciarantriguy12 wrote: »

Their friend dosen't want to move in until next month, they are trying to argue now that I knew from the beginning that it was just until august but;
Originally it was said the lease ran until August in January but they hoped to stay on after, implying to me that I would be included in that discussion. I asked on three occasions since directly, and a few indirectly and they repeated the same thing, they hoped to stay on if the landlord let them. I had hinted multiple times about living here next year. There was never a mention of someone else moving in or questions about when I would move out, I only found out by directly messaging one of them last week and then they told me. Like when were they going to wait to tell me?

Sorry but none of this is relevant, you had no agreement, formal or otherwise, to stay longer and you're not a tenant. The notice they gave you was fair.

Since their friend won't move in until next month they will try to argue it was agreed it was until august, yet at the same time I have no rights as a tenant. They want it both ways. Would this stand up in court if I were to ask for my deposit back? To be honest I'd rather play hardball and just staying next month without paying them rent seems the best option to me. I will stay indefinitely then until I find a new place. I've been a good tenant up to now, I paid rent on time, paid rent for a week before I moved in, have contributed much more than the average share towards toiletries, I paod to get the keys cut, etc.

So you don't even know if they're planning to try keep your deposit or make you pay for rent while you're not there? You need to sit down with the tenant who has your deposit and work out a solution. If at that point they confirm your suspicions then you can take the next option, Small Claims Court, etc.

Ciarantriguy12

No she has said I need to pay for next months rent in a week or I won't get my deposit back. It leaves me in limbo unable to find a new place until it is too late ( too close to start of academic year with students).

Samuel T. Cogley

Ciarantriguy12 wrote: »

No she has said I need to pay for next months rent in a week or I won't get my deposit back. It leaves me in limbo unable to find a new place until it is too late ( too close to start of academic year with students).

Well that's perfect then no? Don't pay the rent and continue to live there the deposit being the final month's rent. Check that as if the person subletting to you is willing to do that it's actually quite generous and advantageous to you.

Really not sure what you're referring to with students. I used to start back as late as October!

Edit: Ah you mean the END of August? Well yes that could be an issue but you'd be one of the first in and some people only start lettings at the begining of the Academic year. Myself among them as we're moving to 5 day student only lets after the current lodger goes.

Ciarantriguy12

Samuel T. Cogley wrote: »

Well that's perfect then no? Don't pay the rent and continue to live there the deposit being the final month's rent. Check that as if the person subletting to you is willing to do that it's actually quite generous and advantageous to you.

Really not sure what you're referring to with students. I used to start back as late as October!

Edit: Ah you mean the END of August? Well yes that could be an issue but you'd be one of the first in and some people only start lettings at the begining of the Academic year. Myself among them as we're moving to 5 day student only lets after the current lodger goes.

Not sure you're aware of the accommodation situation in Dublin but the majority of students who want a house get one in may for the following academic year and sublet it out for summer.

There is nothing at the moment unless I wish to be extorted at 700pm plus for my own room or live 10k away. I start back the end of august , 2 weeks after I'm meant to be out.
5 day digs are expensive and also not an option for me to go to my family home at the weekend.

davo10

Looks to me they want their cake and to eat it. Tell them you will pay rent up to the last day of notice but you want your deposit back in full or you will not move out.

Samuel T. Cogley

Ciarantriguy12 wrote: »

Not sure you're aware of the accommodation situation in Dublin but the majority of students who want a house get one in may for the following academic year and sublet it out for summer.

There is nothing at the moment unless I wish to be extorted at 700pm plus for my own room or live 10k away. I start back the end of august , 2 weeks after I'm meant to be out.
5 day digs are expensive and also not an option for me to go to my family home at the weekend.

Not sure which college you're in but if it's CC then there are rooms available, albeit in less desirable areas from about 500 per month. I'm well aware of the Dublin accommodation issues but I'm afraid as it stands you're a licensee and there's not much you can do.

Looks like there are still some spaces sharing in halls.

Ciarantriguy12

Ciarantriguy12 wrote: »

Not sure you're aware of the accommodation situation in Dublin but the majority of students who want a house get one in may for the following academic year and sublet it out for summer.

There is nothing at the moment unless I wish to be extorted at 700pm plus for my own room or live 10k away. I start back the end of august , 2 weeks after I'm meant to be out.
5 day digs are expensive and also not an option for me to go to my family home at the weekend.

Won't you have as much if not more of a chance of finding a place now than September as it's now people are looking, in Sep they will be all taken.

Ciarantriguy12

Samuel T. Cogley wrote: »

Not sure which college you're in but if it's CC then there are rooms available, albeit in less desirable areas from about 500 per month. I'm well aware of the Dublin accommodation issues but I'm afraid as it stands you're a licensee and there's not much you can do.

Looks like there are still some spaces sharing in halls.

Ok thanks guys, I've decided to move out when this month ends in one weeks time.
On the SCC front how is it for getting my deposit back? Rent , bills paid on time always, no damage. I don't know the law surrounding things like this?

Edit: moving home, not ideal but will sort something hopefully

Samuel T. Cogley

Ciarantriguy12 wrote: »

Ok thanks guys, I've decided to move out when this month ends in one weeks time.
On the SCC front how is it for getting my deposit back? Rent , bills paid on time always, no damage. I don't know the law surrounding things like this?

Edit: moving home, not ideal but will sort something hopefully

The Small Claims Procedure* is through the District Court (although rarely a full hearing in front of a Judge) and is not a quick affair, it's months (maybe weeks if you're lucky - and you won't be lucky over the summer!) to get a Judgement and then there's enforcement which is a separate step and takes time also. I'd guestimate about 6 months but it is very possible to simply ignore the entire process as a defendant.

*Sorry for my pedantry everytime I see SCC I read Special Criminal Court :pac: