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Ending Periodic Tenancy

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  • 15-08-2018 10:16am
    #1
    laxislife7
    Registered Users Posts: 6 ✭


    I would like to end my periodic tenancy due to situations with my flatmate. I moved in June 2017 so periodic tenancy began at the beginning of this month. My flatmate moved in November 2017, as my old flatmate had to move due to work. When we moved in, two months deposit was required. If my flatmate wants to stay, how would getting my deposit back work? Would she need to sign a new lease and find someone else to pay 2 months deposit if she wanted to stay? Or would both of us have the contract terminated, even if she plans to stay.


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Did you and your original flat mate move in at same time and sign a joint lease, or have you your own separate tenancy agreement?


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    #3
    laxislife7
    Registered Users Posts: 6 ✭laxislife7


    We signed a joint lease. However it was then passed over to my new flatmate


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    #4
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    Just contact the LL, you gave the deposit to them, it's not your problem what happens when you move and finding a new tenant, it's theirs or maybe your current flat mate.


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    #5
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    its a joint tenancy, you are both liable jointly for the whole of the rent. You could ask the ll can you replace yourself, but it ultimately is your problem not his. Alternative is you give notice to end the lease completely and your other flatmate asks to start a new lease. He may or may not agree, he might prefer to get new tenants in.


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    #6
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    whomitconcerns wrote: »
    its a joint tenancy, you are both liable jointly for the whole of the rent. You could ask the ll can you replace yourself, but it ultimately is your problem not his. Alternative is you give notice to end the lease completely and your other flatmate asks to start a new lease. He may or may not agree, he might prefer to get new tenants in.
    Finally the correct answer from a legal and business point of view.


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    #7
    laxislife7
    Registered Users Posts: 6 ✭laxislife7


    But I am on periodic tenancy. So I only have to give a 40 day notice. I guess I will have them end my part completely and my flatmate can pay an additional deposit to stay there if she wants. She only paid one to move in, while I paid two.


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    #8
    whomitconcerns
    Registered Users Posts: 4,359 ✭✭✭whomitconcerns


    laxislife7 wrote: »
    But I am on periodic tenancy. So I only have to give a 40 day notice. I guess I will have them end my part completely and my flatmate can pay an additional deposit to stay there if she wants. She only paid one to move in, while I paid two.

    Erm...nope....you have a joint lease was what you said. Its one lease.

    So ending the lease means you and your flatmate move out and you get deposit back if due. You have no "part"

    So if you move out on 40 days notice and flatmate stays on you will remain liable for the rent!


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    #9
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    The term is 'jointly and severally liable'.........

    If you are ending your lease- you are ending the lease for both of you- not just you yourself........
    You could ask to assign the lease to a third party- however, you are assigning the entire lease- not half of the lease...........
    You signed a joint lease with your flatmate- just because she has turned out to be someone you no longer wish to associate with- does not mean you walk away from your agreement- and indeed- if you did- and she subsequently decided not to pay rent- or not let out the second room- or digress from the lease in any manner- you would continue to be liable and could be pursued to make good any deficit.

    Never ever sign a contract as a party with someone you are not fully familiar with..........

    I'd suggest your best course of action is to talk nicely to the landlord and see if he/she is willing to overlook the fact that you have a joint tenancy agreement- and whether they will release you from your obligations (they have absolutely no reason to do so- however, perhaps they might be willing to do so).

    As for your deposit- it is a deposit held in common as part of the tenancy- technically you are not due to be refunded your deposit until such time as you and your flatmate vacate the property. You or she leaving- does not equal you get your deposit back- you and she leaving- does (save any deductions for damage over and above normal wear and tear).

    For crying out loud- never ever sign a joint lease or agreement like this again- without reading it carefully and asking questions as to what it means............


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    #10
    Mrs OBumble
    Registered Users Posts: 25,945 ✭✭✭✭Mrs OBumble


    laxislife7 wrote: »
    But I am on periodic tenancy. So I only have to give a 40 day notice.

    Do you live in Ireland? if so, once you have been in a place for six months there's no such thing as a periodic tenancy.


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