Rental agency asking for work references and proof of salary

crazy 88

I am looking to rent a room in the apartment I live in (I don't own it) and the agency that manages the property are demanding I send work and salary references for whoever moves in. Is this illegal? Daft.ie doesn't even allow me to ask for these references when posting an ad. They automatically block based on keywords such as 'professional', 'work', 'what do you do' etc. I pointed this out to them and they ignored my point and are still asking for the references.

Wabbit Ears

They can ask, you can choose not to give them and they wont rent to you.

There is nothing illegal about them asking. DAFT are just covering themselves so people cant be seen to be discrimating against HAP on their site.

C3PO

Wabbit Ears wrote: »

They can ask, you can choose not to give them and they wont rent to you.

There is nothing illegal about them asking. DAFT are just covering themselves so people cant be seen to be discrimating against HAP on their site.

Don't think the OP is looking to be rented to ... he's the one who's doing the renting!

Claw Hammer

Wabbit Ears wrote: »

They can ask, you can choose not to give them and they wont rent to you.

There is nothing illegal about them asking. DAFT are just covering themselves so people cant be seen to be discrimating against HAP on their site.

The o/P is seeking to sublet not move in himself.

crazy 88

Claw Hammer wrote: »

The o/P is seeking to sublet not move in himself.

correct. I should have said sublet

TheChizler

Are you trying to sublet the room or get someone added to the lease?

Edit: answered. They're happy for you to rent the whole place by yourself so I can't figure out why they're concerned about the sublettee's ability to pay, you're the person responsible for everything paid to the agency. Unless they think if your renter stops paying you'll cut your rent by that amount??

crazy 88

TheChizler wrote: »

Are you trying to sublet the room or get someone added to the lease?

not sure what the difference is sorry. I am paying for rent for a room in the apartment myself. my housemate and myself pay together as part of one lease for the whole apartment. my housemate is moving out and rather than move out myself and seek new accommodation I am filling his old room. so yes I'll be looking to get a name changed on the lease to the new tenant

TheChizler

danmci wrote: »

not sure what the difference is sorry. I am paying for rent for a room in the apartment myself. my housemate and myself pay together as part of one lease for the whole apartment. my housemate is moving out and rather than move out myself and seek new accommodation I am filling his old room. so yes I'll be looking to get a name changed on the lease to the new tenant

Ok so you're not looking to sublet at all, which is why the agency are looking for the detail.

When subletting you effectively become the 'landlord' for the new tenant. The agency should have nothing to do with them. You pay the rent for the entire place to them and the subletee pays the rent for the room to you. You could kick them out whenever you wanted.

Getting someone added to the lease normally means you're both joint and severally responsible for the rent (meaning each individual is responsible for the entire amount being paid) and as a tenant have an equal footing in the house. If you disappear one day they need to cover the entire amount of the rent.

the_syco

danmci wrote: »

They automatically block based on keywords such as 'professional', 'work', 'what do you do' etc. I pointed this out to them and they ignored my point and are still asking for the references.

The keywords are blocked out, as it's illegal not to accept HAP. The agency wants the references, to ensure they don't get someone on HAP. When you are interviewing people, DO NOT SAY YOU DON'T ACCEPT HAP as that could get you into trouble, but maybe slyly ask if they enjoy their job whilst talking to them.

Claw Hammer

TheChizler wrote: »

Ok so you're not looking to sublet at all, which is why the agency are looking for the detail.

When subletting you effectively become the 'landlord' for the new tenant. The agency should have nothing to do with them. You pay the rent for the entire place to them and the subletee pays the rent for the room to you. You could kick them out whenever you wanted.

Getting someone added to the lease normally means you're both joint and severally responsible for the rent (meaning each individual is responsible for the entire amount being paid) and as a tenant have an equal footing in the house. If you disappear one day they need to cover the entire amount of the rent.

Wrong. The lease will have a clause in it prohibiting the OP from assigning or subletting without the permission of the landlord. The OP is also obliged under Section 16 "N" of the Residential Tenancies Act to "notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling."
The agency is well within its rights to insist on knowing who's going to be living in the property. The OP is going to have to advertise, get the required documentation from the people he is prepared to accept and then have it approved by the agency.

TheChizler

Claw Hammer wrote: »

Wrong. The lease will have a clause in it prohibiting the OP from assigning or subletting without the permission of the landlord. The OP is also obliged under Section 16 "N" of the Residential Tenancies Act to "notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling."
The agency is well within its rights to insist on knowing who's going to be living in the property. The OP is going to have to advertise, get the required documentation from the people he is prepared to accept and then have it approved by the agency.

Unless you've seen the OP's lease that's entirely your own speculation. And we're talking about work and salary references here, not the identity of the person. The landlord won't have anything to do with the rent or day-to-day dealings of a subletee.

So which part is wrong? Bear in mind I was asked what the difference between a sublet and a tenancy is.

Old diesel

danmci wrote: »

I am looking to rent a room in the apartment I live in (I don't own it) and the agency that manages the property are demanding I send work and salary references for whoever moves in. Is this illegal? Daft.ie doesn't even allow me to ask for these references when posting an ad. They automatically block based on keywords such as 'professional', 'work', 'what do you do' etc. I pointed this out to them and they ignored my point and are still asking for the references.

Edit yes I see you want to get a new name on the lease to replace your friend.

Still make sure it's okay with the landlord who may prefer to find someone themselves perhaps

Mrs OBumble

OP of course the agency want references and proof of ability to pay. This isnt illegal, and you should be glad they're looking out for your intetests: if they person can't pay, you will be liable for the whole rent. Ditto if they wreck tne place.

What probably is illegal is insisting that they are WORK references andcl payslips. Which is clumsy wording still used by some.

Claw Hammer

TheChizler wrote: »

Unless you've seen the OP's lease that's entirely your own speculation.

the prohibition on assignment or subletting without the consent of the landlord is a standard clause in all residential leases and in a situation where the lease was issued by an agency, the chances of that clause not being included are negligible. So much so that it is utterly ridiculous of you to say that I'm speculating.

TheChizler wrote: »

And we're talking about work and salary references here, not the identity of the person. The landlord won't have anything to do with the rent or day-to-day dealings of a subletee.

what is happening is the OP wants to introduce another person into the property either as a tenant are as a person who will have the right to become a tenant at some point in the future. It could well happen that the new person comes in and the OP vacates, leaving the agency dealing with the new occupant. It is perfectly reasonable for the agency before permitting a new occupant to make the same enquiries they would of any other intended document that the commencement of a lease.

TheChizler wrote: »

So which part is wrong? Bear in mind I was asked what the difference between a sublet and a tenancy is.

You have it all wrong. A sublet is a tenancy. What you are clumsily trying to say is you're asked what the difference between a main tenant and a subtenant is. Stick to the day job!

TheChizler

Claw Hammer wrote: »

You have it all wrong. A sublet is a tenancy. What you are clumsily trying to say is you're asked what the difference between a main tenant and a subtenant is. Stick to the day job!

You're needlessly nitpicking now. All I'm pointing out is that with one you're a full tenant of the person who owns the property with all the rights and obligations that come with that, with the other is an informal arrangement where you have a license to stay in a room and use the facilities. It's irrelevant to the OP anyway as they've explained which situation their new housemate will be in.