Housemates subletting, problems getting my deposit

OldMrBrennan83

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hanna200

Ashbx wrote: »

I think they genuinely spent your money and are stuck, which is unfortunate but not your problem either!

there is no evidence of that.

I bet the OP won't be heard of after the 18th and we won't know how it ended.

My guts tells me that she is difficult to deal with and has loads and I mean loads of entitlements.

Access to room not given without her permission? Who is she to behave like that?

No wonder they started threatening that she won't get deposit back once they have heard that OP is making it so difficult to even get prospective viewers in

hanna200

Patww79 wrote: »

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Couple are selling a room by advertising it and by trying to get potential viewers in.

Doesn't matter how you call it.

OldMrBrennan83

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Danniboo

hanna200 wrote: »

it's their property and you are a lodger, you are barely a guest, try to be an adult and allow them to sell it. It will help you and them.

Try to feel if you are in their position and you need to fork €1,600/month plus bills and your lodger tells you to wait for her permission to show the room in your house. You'll be very stressed.

Stop this attitude, you really sound like self entitled goddess. Remember, they invited you to their home and you are a guest.

It's not their home. It's a rental property. I am not a guest, I am a paying tenant. Their position is not my worry, they are more than comfortable. They have no concern with trying to screw me out of the deposit as a single person on a single wage who is trying to emmigrate.

Being assertive when someone is taking advantage does not make me self entitled. I am entitled to my deposit back and to have my space respected. My bills are paid on time, I clean the house, respect their space etc, gave them more than enough notice. Why would I not be entitled to my deposit back?

hanna200

Patww79 wrote: »

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You gut tells you wrong.

Ashbx

hanna200 wrote: »

it's their property and you are a lodger, you are barely a guest, try to be an adult and allow them to sell it. It will help you and them.

Try to feel if you are in their position and you need to fork €1,600/month plus bills and your lodger tells you to wait for her permission to show the room in your house. You'll be very stressed.

Stop this attitude, you really sound like self entitled goddess. Remember, they invited you to their home and you are a guest.

Its not their house. They are tenants, so the OP is not a "guest", she is a paying licensee! The OP seemed to have done everything by the book and has been there 7/8 months so therefore has more rights than you seem to think they do.

The OP isn't asking for them to wait for her permission to see the room they just want to know WHEN the room will be viewed. I get what you are saying about being more helpful to them and I do agree they should. However their personal stuff is in the room so absolutely they should have notice if someone is going to enter it. They are still paying rent today so its still their private personal space!

Would it be better to have the bedroom in a state and have people view it then?

Danniboo

hanna200 wrote: »

there is no evidence of that.

I bet the OP won't be heard of after the 18th and we won't know how it ended.

My guts tells me that she is difficult to deal with and has loads and I mean loads of entitlements.

Access to room not given without her permission? Who is she to behave like that?

No wonder they started threatening that she won't get deposit back once they have heard that OP is making it so difficult to even get prospective viewers in

Well clearly there is because she says she doesn't have the money and said she won't have it until someone else moves in.

Danniboo

hanna200 wrote: »

there is no evidence of that.

I bet the OP won't be heard of after the 18th and we won't know how it ended.

My guts tells me that she is difficult to deal with and has loads and I mean loads of entitlements.

Access to room not given without her permission? Who is she to behave like that?

No wonder they started threatening that she won't get deposit back once they have heard that OP is making it so difficult to even get prospective viewers in

Read my post properly. They started threatening way before that. It was in the very first response when I gave notice. Nothing to do with having people look at the room.

I helped these people when we were moving doing runs back and forward to the old place with their stuff, I offer them lifts and drop them here and there because i'm the only one driving. I never have people over. I pay my bills on time.

I don't see how you can equate that with being difficult

Danniboo

Danniboo wrote: »

It's not their home. It's a rental property. I am not a guest, I am a paying tenant.

If they are the lease holders then it is effectively their home and if you pay them your rent you are a licensee not a tenant and a licensee is essentially a guest.

I'm not try to argue with you are anything put its important to know this as you have no rights and they can ask you to leave in the morning if they want to.

If they won't give you back your deposit then you will have to take them to the small claims court, though you would need to give them a chance to pay it before going down that route.

OldMrBrennan83

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Danniboo

Ashbx wrote: »

€300 a month for bills....jeez they are making themselves a small fortune there huh!

I would say to them that you are willing to pay bills and rent until 18 August and on that date you expect to get your deposit back (and I understand what you are saying about the room, but to keep things civil give them as much access to your room as you can). If they still refuse then, I would tell them that you will have to speak to the landlord directly about it, and see what they say then.

I sublet on behalf of my landlord. But my landlord is in charge of deposits etc. I just collect the rent and pay him the full amount myself. In this day and age, its very rare for landlords to allow subletting so id say its quite possible that the landlord doesn't know and the couple are chancing their arm. Honestly, it doesn't sound like they are scamming you or anything. I think they genuinely spent your money and are stuck, which is unfortunate but not your problem either!

Is the house on daft at the moment?

I am happy to pay all bills until the 18th and then Septembers share. I told them everything up until I leave will be settled. The passive aggressiveness and tone in which she's speaking to me is what has caught me by surprise. She was straight on the defense as if this was a personal attack on her. I told them back in early June it would be mid/end of August I was leaving.

It is up there.

Danniboo

Jaxx Dirty Revolver wrote: »

If they won't give you back your deposit then you will have to take them to the small claims court, though you would need to give them a chance to pay it before going down that route.

Thanks for the advice, it's good to know where I stand legally.

This is the thing i'm concerned with, I don't have time to go down the small claims route and they are aware of that. I'm afraid they're hoping i'll leave to go travelling and then not look for it.

Patww79

Patww79 wrote: »

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You are correct which is why I mentioned the fact he can go to the small claims court. Is there reason to believe that they won't pay him the deposit after they get in a new lodger, if not then surely its not a big deal to wait a little while to get it.

edit: the going travelling part complicates it a little but you can still chase them for it and tell them to lodge it in your account and take them to the small claims court when you return if you still haven't got it.

Danniboo

Jaxx Dirty Revolver wrote: »

You are correct which is why I mentioned the fact he can go to the small claims court. Is there reason to believe that they won't pay him the deposit after they get in a new lodger, if not then surely its not a big deal to wait a little while to get it.

edit: the going travelling part complicates it a little but you can still chase them for it and tell them to lodge it in your account and take them to the small claims court when you return if you still haven't got it.

I'm depending on this for going travelling. They've know for a while now my approx deadline, more than adequate time I feel to get the money together between two people. We're talking maybe €20 each per week from when I first told them to my moving out date.

Ashbx

OP just reading back your original post again and I know its too late now but is there a reason why you didn't get put onto the lease yourself when you moved from the original house to this one? Seems odd that three people move in together but only two go on the lease.

According to the RTB website: Any money that a licensee pays to the tenant as a deposit is a personal payment to the tenant and is not a deposit with the meaning of the Residential Tenancies Act 2004, as that meaning is confined to deposits paid by tenants to landlords.

So if it were me, I would threaten the tenants with "ill talk to the landlord myself directly about this" and see what response you get. If they are legit, they will let you speak to the landlord no problem (still wont guarantee you will get the deposit back before you leave but at least you know there is nothing dodgy going on). If they are taking the piss, they will NOT want their landlord to know what they are doing. If the latter is the case, I would pack up my bags then and there, don't pay the rent or bills between now and 18th August as agreed and unfortunately take a loss on the deposit and just learn from it. Expensive lesson I know but we all have learned something the hard way.

Either that or small claims court like suggested.

Danniboo

Ashbx wrote: »

OP just reading back your original post again and I know its too late now but is there a reason why you didn't get put onto the lease yourself when you moved from the original house to this one? Seems odd that three people move in together but only two go on the lease.

According to the RTB website: Any money that a licensee pays to the tenant as a deposit is a personal payment to the tenant and is not a deposit with the meaning of the Residential Tenancies Act 2004, as that meaning is confined to deposits paid by tenants to landlords.

So if it were me, I would threaten the tenants with "ill talk to the landlord myself directly about this" and see what response you get. If they are legit, they will let you speak to the landlord no problem (still wont guarantee you will get the deposit back before you leave but at least you know there is nothing dodgy going on). If they are taking the piss, they will NOT want their landlord to know what they are doing. If the latter is the case, I would pack up my bags then and there, don't pay the rent or bills between now and 18th August as agreed and unfortunately take a loss on the deposit and just learn from it. Expensive lesson I know but we all have learned something the hard way.

Either that or small claims court like suggested.

The reason being is I only ever intended to stay short term. The landlord in the previous property gave notice as "he wanted his daughter to have the house". I could have stayed in the other property for a very limited time before he wanted the house back, so it seemed like the best idea at the time.

Turns out (which may be irrelevant) that the landlord moved new tenants in shortly after and didn't get his daughter in at all. The girl previously to me also left at short notice, two days before the rent was due so I moved in at short notice to replace her. Apparently she was trying to get the deposit back off the previous landlord and my housemate.

Danniboo

hanna200 wrote: »

there is no evidence of that.

I bet the OP won't be heard of after the 18th and we won't know how it ended.

My guts tells me that she is difficult to deal with and has loads and I mean loads of entitlements.

Access to room not given without her permission? Who is she to behave like that?

No wonder they started threatening that she won't get deposit back once they have heard that OP is making it so difficult to even get prospective viewers in

You might want to read this previous issue i've had with them before you accuse me of being difficult or self entitled.

http://www.boards.ie/vbulletin/showthread.php?t=2057739589

traveller0101

Danniboo wrote: »

You might want to read this previous issue i've had with them before you accuse me of being difficult or self entitled.

http://www.boards.ie/vbulletin/showthread.php?t=2057739589

People can be so strange at times. What happened in that situation? Maybe that's why the GF doesn't like you

jimmycrackcorm

The simplest answer is to accommodate them getting someone in respect of your given notice, agree your pro rata bills and insist you get your deposit back when you leave or else you go to the small claims court.

hanna200

jimmycrackcorm wrote: »

The simplest answer is to accommodate them getting someone in respect of your given notice, agree your pro rata bills and insist you get your deposit back when you leave or else you go to the small claims court.

or simply sit down, talk, agree dates when and what will be paid and do just that

hanna200

Danniboo wrote: »

You might want to read this previous issue i've had with them before you accuse me of being difficult or self entitled.

http://www.boards.ie/vbulletin/showthread.php?t=2057739589

it's my reading between the lines, it is impossible for us to know all 100% details of this story, whether it is your or their version of the facts.

Try to make it simple and they will most likely play it simple too

Good luck!

NinetyTwoTeam

Why can't you just wait until the new person moves in to get the deposit?

Instead of leaving it to them to show the room, why don't you do it, let the viewers know that it is available on x date, ask to meet them to get the deposit the day before and give the rent to the couple, you'll have the deposit in your hands then.

Depending on your location though, it might not be easy to get someone in. Living with a couple + being a licensee + knowing that they will have to get the deposit from the new housemate when they themselves move out will give a lot of people pause.

I know you say that the couples money worries are not your problem, but then you say you need that money for traveling, which isn't their problem, is it? They have no right to keep your deposit after you move out but that doesn't mean you'll get it right on the day you leave.

Realistically, unless you all paid the deposit together and were all moving out together this type of situation is highly likely. They should not have spent your deposit but this is why house sharing is a major pain.

All you can do now is pay your rent, move, and hope some one takes the room. If it goes over say 14 days since you've been gone and no deposit back, go to small claims. If you don't have time for that then you'll just have to take the hit until they pay. You can't force them to give you money, just accept that you won't get it until they get someone in.

As for the bills, don't pay anything that hasn't come in yet (keep in mind Sky is paid a month in advance while ESB is paid in arrears). Do the math to get the job exact amount because if you pay less they'll probably just deduct the difference off the deposit anyway.

Scraggs

^I think the issue with doing that is that the couple are intending on renting the room for 850 (I assume to reduce their own rent) and the OP is renting for 550 so they obviously don't want her to organise it.

Danniboo

traveller0101 wrote: »

People can be so strange at times. What happened in that situation? Maybe that's why the GF doesn't like you

Well he told me he had told her the truth. Not to worry. But I don't fully believe him as she mentioned something about it again. I stupidly didn't say anything but I guess I was just a bit gobsmacked.

Scraggs

Scraggs wrote: »

^I think the issue with doing that is that the couple are intending on renting the room for 850 (I assume to reduce their own rent) and the OP is renting for 550 so they obviously don't want her to organise it.

If I was the op I'd have no issue telling perspective lodgers that the rent is 850. What difference does it make to the op once he gets his deposit.

noble00

After reading through the threads I think the op has been very patient, enough notice has been given, stop asking them go straight to the landlord, this is ridiculous I wouldn't stand for it

Danniboo

Danniboo wrote: »

I'm starting to think they're completely trying to rip me off. They won't send me a copy of the bills

So they have someone to view tonight after telling me they had agreed with someone to move in. The room is advertised as the 1st August when they said they don't want someone until the 20th??? I told them I was transferring my rent/bills last night (which I haven't had a chance to yet) and the ad was last updated today.