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Can my housemate ask me to move out of our 2 bed apartment? He's there longer than me

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  • 07-02-2020 12:57pm
    #1
    wherearewe45
    Registered Users Posts: 204 ✭✭


    The apartment is owned by a property agency. He moved in with another guy "Simon" about a year ago. Simon's name is on the lease but he lost his job 6 months ago so he moved him and I moved in. None of us knew eachother before this.

    When I moved in I didn't sign anything and there was no agreement on how long I'd stay for. Roommate is foreign and was due to move back home in March with the verbal agreement that bills would be transferred to my name. His job has extended his contract and now he wants me out so his brother can move in.

    Does he have the power to force me out or can I just refuse? I'm going to see the property agency later to find out the current status of the lease as housemate is being secretive.

    Apartment is perfect for me in every way so I'm not keen on moving


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    #2
    Brego888
    Registered Users Posts: 1,321 ✭✭✭Brego888


    He can't force you out but would you really want to continue to live with him under those circumstances.


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    #3
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Technically you are subletting so the answer would be yes. Talk to the landlord all the same. Seems a bit strange he wants you to move out while he knows he is leaving soon enough. The landlord would likely side with you as you plan to stay, unless he is planning to sell up soon


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    #4
    Fian
    Registered Users Posts: 2,192 ✭✭✭Fian


    Ray Palmer wrote: »
    Technically you are subletting so the answer would be yes. Talk to the landlord all the same. Seems a bit strange he wants you to move out while he knows he is leaving soon enough. The landlord would likely side with you as you plan to stay, unless he is planning to sell up soon

    As I read it the person whose name was on the lease has moved on. Effectively I suspect that the OP and the other room-mate are both subletting from the departed tenant.

    OP ofc he can ask. But I can't see him being able to force. Suggest you speak to your actual landlord about signing a lease. I assume landlord is aware of the situation.


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,322 Mod ✭✭✭✭Gumbo


    Who’s name is on the lease?
    Who is the tenant and who is the licencee?


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    #6
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    Who do you pay, who did you give deposit too


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    #7
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    Check this with the RTB but I think if you pay the LL or agent the rent then that makes you their tenant so no he can't if you pay your flat mate that makes you his licensee and he can ask you to go.


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    #8
    wherearewe45
    Registered Users Posts: 204 ✭✭wherearewe45


    Landlord doesn't know the situation as it's between us. So I found out the property is rented through a letting agency and both of our names are actually on the lease. I pay rent to him and he forwards it on to landlord/letting agency,not sure how that works


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    #9
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    wherearewe45 wrote: »
    Landlord doesn't know the situation as it's between us. So I found out the property is rented through a letting agency and both of our names are actually on the lease. I pay rent to him and he forwards it on to landlord/letting agency,not sure how that works

    If both your names are on the tenancy lease, then you are a tenant rather than subletting off your flat mate. In that case, you are entitled to full tenancy rights.


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    #10
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    wherearewe45 wrote: »
    Landlord doesn't know the situation as it's between us. So I found out the property is rented through a letting agency and both of our names are actually on the lease. I pay rent to him and he forwards it on to landlord/letting agency,not sure how that works

    If both your names are on the tenancy lease, then you are a tenant rather than subletting off your flat mate. In that case, you are entitled to full tenancy rights.


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    #11
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    wherearewe45 wrote: »
    Landlord doesn't know the situation as it's between us.
    ...
    I pay rent to him and he forwards it on to landlord/letting agency,not sure how that works
    All of the above sounds like subletting.
    wherearewe45 wrote: »
    So I found out the property is rented through a letting agency
    This makes it sound like you found this out after signing the "lease". I suspect whatever you signed is worthless, and your housemate & Simon are the only names on the lease.

    =-=

    When you signed the lease, was it in the letting agencies offices? Or did a letting agent come out to you?


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    #12
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    the_syco wrote: »
    All of the above sounds like subletting.


    This makes it sound like you found this out after signing the "lease". I suspect whatever you signed is worthless, and your housemate & Simon are the only names on the lease.

    =-=



    When you signed the lease, was it in the letting agencies offices? Or did a letting agent come out to you?

    If the letting agent has confirmed that the op is on the lease, that confirms that he/she is a tenant, irrespective of how rent is paid.


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    #13
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    Brego888 wrote: »
    He can't force you out but would you really want to continue to live with him under those circumstances.

    These are awful replies, does nobody fight for anything any more?

    OP, go and get some professional advice because all you’ll get here is one person telling you definitively Yes like they know everything, and the next person telling you definitively No like they know everything, when none of them really know a thing.


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    #14
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    ReginaldSmythV wrote: »
    These are awful replies, does nobody fight for anything any more?

    OP, go and get some professional advice because all you’ll get here is one person telling you definitively Yes like they know everything, and the next person telling you definitively No like they know everything, when none of them really know a thing.

    To be fair, this is more than just a question of legal standing, sharing a house with someone you know does not want you there, in fact wants you out, must not be a comfortable situation to be in. You don’t have to know everything, you just have to know what is important, like the LL/Letting agent confirming your tenancy rather than a sub let.


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    #15
    wherearewe45
    Registered Users Posts: 204 ✭✭wherearewe45


    Found out from the letting agency that my name is on the lease. Had to see them for something else unrelated. Guessing my roommate put it there after Simon moved out.

    I almost never see the roommate, he never leaves his room unless he's not in the apartment, and he has his own ensuite. I live in a 2 bed apartment but effectively I live here alone with someone who pays half the rent, he's the ideal housemate really. If I refuse to move out there won't be much awkwardness cos I never see him. More than 90% of our conversations have been on whatsapp. He was due to move out in March, then June, it's now December. Awkwardness wouldn't bother me, I'd buy this apartment if I could


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    #16
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Dav010 wrote: »
    If the letting agent has confirmed that the op is on the lease, that confirms that he/she is a tenant, irrespective of how rent is paid.
    I hadn't seen where he said he had met the agent prior to that post.
    wherearewe45 wrote: »
    Found out from the letting agency that my name is on the lease. Had to see them for something else unrelated. Guessing my roommate put it there after Simon moved out.
    That's great to hear.
    wherearewe45 wrote: »
    More than 90% of our conversations have been on whatsapp.
    That's bizarre! However, keep an eye on his food. If it suddenly doubles, he may have moved his bro in on the sly.


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    #17
    wherearewe45
    Registered Users Posts: 204 ✭✭wherearewe45


    That's bizarre! However, keep an eye on his food. If it suddenly doubles, he may have moved his bro in on the sly.[/quote]

    Double zero is still zero, he is literally in his bedroom or not in the apartment. He has nothing in the shelves or fridge.

    Typing out this thread has convinced me to dig my heels in and not move out. Apartment is more valuable to me than it is to him.


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    #18
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    wherearewe45 wrote: »
    Double zero is still zero, he is literally in his bedroom or not in the apartment. He has nothing in the shelves or fridge.
    Odd. When you don't think he's at home, switch off all electrical appliances that you have access to, and check the meter. If it's still moving, I'd say he has a fridge in his room.

    I'm actually thinking his "brother moving in" is him mixing up landlord/tenant rights regarding booting you out if family is moving in.

    Ask the letting agent if you can pay your rent direct, to ensure there are no complications when he cops that you don't intend on moving out.


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    #19
    GBB
    Registered Users Posts: 5 ✭GBB


    wherearewe45 wrote: »
    Landlord doesn't know the situation as it's between us. So I found out the property is rented through a letting agency and both of our names are actually on the lease. I pay rent to him and he forwards it on to landlord/letting agency,not sure how that works

    So, you are a co-tenant and have all the rights under the RTA, if you are there more than 6 months, you also avail of the Part 4 preferential rights of your co-tenant's tenancy. i.e if he is there over 8 years and you are there 2 years any NOT must give you 224 days notice if issued from your landlord


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