Ending a tenancy

Wex girl

A series of events:
1) Signed lease until September 2019 secured with deposit of 550 (equals to one month rent) for a bed in a twin room
2) 14th March 2019 - Notified landlord of intention to end tenancy early on 31st of May because I wont be living in the house for June July and August as I am moving abroad. Landlord agreed to sublet the bed in the twin room.
3) I found a professional young couple working nearby willing to take the room. The tenant I share the twin room with agreed that she would also sublet since she won't be living there for June July and August either.
4)Landlord agreed to let the tenant to also sublet, refused the couple and refused permission to share contact details with them to arrange sublet due to the fact that 'it would change the dynamic in the house and would create complications'. I obliged and I made it clear that if I find anyone new and they have housing references and if they are refused then it is no longer my responsibility because of discrimination. Landlord stated that the new tenant must be approved by the two remaining tenants and himself.
5) Come to 1st of May, final months rent is due but I cannot afford it. I offered to use my deposit to cover payment and call it quits from then. The house is in good condition, clean and no breakages (has been inspected by LL & since it is twin room and tenants continuing to live there I think I am solely responsible for the bed and wardrobe). Yet he is claiming that he has been advised by the RTB that he cannot accept my deposit as payment.

How should I approach this situation?

L1011

A landlord can refuse assigned tenants (not a sublet - that's something quite different where the new tenants are paying you and you pay the landlord, but they can refuse that too) but this releases you from the lease as a result.

Using your deposit as a last months rent isn't acceptable.

Samuel T. Cogley

I'm happy to be corrected but surely a room share can not come under the ambit of the RTB?

Simple contract obviously still applies.

wirelessdude01

Per chance you are a teacher/student and knew well you wouldn't be there for the summer months? Not fair for everyone else and well advised formthem not to accept deposit as last month's rent.

The Student

Wex girl wrote: »

So, since he refused the couple does that mean I am released from the lease?
I am a student but didn't know I would be leaving Ireland until March when I was accepted to work abroad.
I have researched deposits, and it seems the reason the RTB advises LLs not to accept as final months rent is due to damages tenants could cause during that last month and the LL is then protected by the deposit to cover those damages when tenant leaves...but surely he is just being unreasonable since its only the bed and wardrobe that are my responsibility?
The reason I offered to use the deposit is because I just cannot afford to pay the rent for this month I have payed the full rent on time every month up to now- he has made no attempt to mediate the situation, he has just gone in guns blazing threatening the RTB on me...In my opinion, as a LL he has handled this poorly, the rent has only been two days late - does he expect me to go work the streets or something?
I don’t care about gaining a reference from him

The issue you have raised is part of the bigger issue we have in the housing market. The reason the landlord went to RTB is because of his fear a case would be taken against him via the RTB. In the past he probably would have been amicable and agreed no problem especially with the demand for rooms he would have had no issue reletting the room.

You also mention your rent is two days late, why can't you get a loan for the months rent and once you leave and get your deposit back pay back the loan.

Claw Hammer

The landlord was not told any such thing by the RTB. Under the RTA a tenant can't use the last months deposit as rent, but if the tenant does not pay the last month's rent, the landlord has to issue a 14 day warning letter demanding payment and them open a dispute with the RTB. It is not clear if you have an individual lease with the LL or are a party to an overall lease in the house.

4ensic15

O/P were you given a BER when you agreed the lease?

Dav010

4ensic15 wrote: »

O/P were you given a BER when you agreed the lease?

Is that relevant? Surely you are not suggesting that it is ok for the op to not pay rent on time nor during notice period, because there was no BER?

4ensic15

Dav010 wrote: »

Is that relevant? Surely you are not suggesting that it is ok for the op to not pay rent on time nor during notice period, because there was no BER?

If there was no BER, the lease is void.

Old diesel

What caught my eye is the been unable to afford that last months rent.

And im thinking that whatever the rights and wrongs of Wexgirls case.

This is something that can happen anyone at anypoint.

So what is the "proper" way for an honest tenant to adress it.

And how in this case should Wexgirl approach it.

Problem in this case is that not paying the last months rent on the basis that "Sure wont the deposit cover it" is common.

So it's a hard sell to persuade a landlord that you can't pay the 550 for May because you "don't have it".

The_Conductor

If you do that- the landlord still takes a case to the RTB.
Your deposit is not your last month's rent- and you end up at arbitration and possibly tribunal defending the fact that you didn't pay your rent.

It all depends on how dogged the landlord decides to be in pursuing you for the rent.

One way or another- the landlord cannot legally purloin your deposit other than for stated reasons under the Act- and while you can agree with him that your deposit is one of your last month's rent- it has to be by mutual agreement- and neither party can be pushed into the situation.

Honestly- can you not simply borrow the money- and return it when you have it? You're causing a world of trouble for yourself.

In addition- the latest amendment to the Residential Tenancies Act- makes it a legal requirement to publish the outcomes of all cases take to the RTB. This is a double edged sword that cuts both ways...........

Dav010

Wex girl wrote: »

Well, weighing up my other options here - I have someone who is considering moving in come 1st June so if he takes it to the RTB the case will be shoved aside.. (I don’t pay final month rent, new tenant moves in at the end of the month, house clean&no breakages, landlord keeps deposit, landlord at no loss) if he takes that to the RTB he’s just a stuffy asshole.
But then if that person decides they don’t want to move in - where does that leave me? Paying rent for three months that I’m not in the country? Since I gave the LL 3 months notice of intentions to leave and also provided a reasonable offer that was rejected. If he does bring that case forward then I think I have a right to just walk away from the lease down to that fact and again he keeps deposit so what has he got to complain about?

Out of curiosity, legal requirement to publish where and for who to see?

The RTB website is effectively a blacklist of landlords and tenants, for everyone who visits the site to see. Once you are on there any prospective landlord can see you were adjudicated against for non payment of rent.

I know you are a student, but hopefully you have some powers of reasoning. You have a lease agreement and there are very specific tenancy regulations, relating to payment of rent/fixed term tenancies/assignment of tenancy/deposits and notice periods. Your landlord is not being unreasonable when he abides by those regulations. Just pay your rent.

The Student

Wex girl wrote: »

Well, weighing up my other options here - I have someone who is considering moving in come 1st June so if he takes it to the RTB the case will be shoved aside.. (I don’t pay final month rent, new tenant moves in at the end of the month, house clean&no breakages, landlord keeps deposit, landlord at no loss) if he takes that to the RTB he’s just a stuffy asshole.
But then if that person decides they don’t want to move in - where does that leave me? Paying rent for three months that I’m not in the country? Since I gave the LL 3 months notice of intentions to leave and also provided a reasonable offer that was rejected. If he does bring that case forward then I think I have a right to just walk away from the lease down to that fact and again he keeps deposit so what has he got to complain about?

Out of curiosity, legal requirement to publish where and for who to see?

You are coming across as a spoiled child. As a landlord I hope your landlord does bring you to the RTB. I always use the RTB when vetting new tenants and if I find a judgment against them I avoid them. You have asked for advice and if you don't like it then proceed as you think appropriate. You can't interpret the law to suit your own agenda, you may not like it but we all have to follow it whether we like it or not.

ASOT

OP how can you afford to move abroad but not pay your rent?

Old diesel

ASOT wrote: »

OP how can you afford to move abroad but not pay your rent?

Because perhaps she's tied it up with the move abroad perhaps.*

Moving abroad can be pricey depending on where abroad actually is.

Even for flights alone - if it's outside EU etc.

Visas and other costs can mount up.

I'm not defending her but her thinking is that the cost to the landlord is zero because instead of she paying 550 for May and the landlord giving back that 550 at end of May.

Instead the landlord just keeps the 550.

Even if we assume she's incorrect about not being able to afford it - then I still can't help but wonder what the right way to handle a "find myself unable to afford the rent at some point" situation is from the Tenant side.

Because the higher you want the rent to go the higher that risk is

L1011

The refusal to accept assignment here releases you from the lease - but you cannot stay there without payment and you cannot insist on use of your deposit as a last months rent; no matter how much or little potential damage and costs you think you could be liable for.

Dav010

L1011 wrote: »

The refusal to accept assignment here releases you from the lease - but you cannot stay there without payment and you cannot insist on use of your deposit as a last months rent; no matter how much or little potential damage and costs you think you could be liable for.

It’s not assignment as far as I can see, the op is sharing a room and the other occupant is subletting their bed to a couple for 3 months, the op is assigning one bed to the couple but the other is sublet for a couple of weeks. The LL has refused to allow sublet as is his right, so the op can’t assign to this couple as one is unlikely to move in without the other. The op has to assign to one person.

Op, the fact that you are a student makes absolutely no difference to the RTB. You entered into a fixed term leases, doesn’t matter what your employment/student status is.

Remember, ignorance of the law is not a defence, the RTB will adjudicate against you for non payment of rent, even if you are a student. You have admitted you have the money, you just want to use it to travel.