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Friends landlord being difficult with moving

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  • 11-07-2020 2:51pm
    #1
    pew
    Registered Users Posts: 2,237 ✭✭✭


    Hello. I'm posting on behalf of my friend.

    She is moving our of her house share. She gave the correct notice period as per rtb guidelines. She is moving out before her contract is up so she is aware that she will lose her deposit but she doesnt overly mind as she is desperate to get out of there.

    However her landlord is being difficult. She told him the room needs to be painted as there is wear and tear on it. He is digging his heels saying the room was only painted when X Tennant moved out and that it's too soon.....X Tennant moved out 5 years ago, so she will have to pay for damages.

    With Covid hes refusing to get the room painted due to health and safety concerns but he cant let out the room or facilitate viewings until the room is painted. Now he claiming that she will have to keep paying rent until a new tennant moves in.

    I was of the understanding that once you move out, you move out and no longer pay rent and possible forfeiting of the initial deposit.

    Can he actually do this?

    Sorry for the long winded post!

    Thanks!


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    #2
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    If she has a term contract she liable for the term unless she assigns her lease to another tenant, did she?


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    #3
    pew
    Registered Users Posts: 2,237 ✭✭✭pew


    Dav010 wrote: »
    If she has a term contract she liable for the term unless she assigns her lease to another tenant, did she?

    She is trying to but the landlord is refusing to let her hold viewings at all for potential tenants.

    Oh so she could have to pay until her lease is up or until a new a tenant moves in?

    I wasnt aware but this is why I'm asking!!


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    #4
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    pew wrote: »
    She is trying to but the landlord is refusing to let her hold viewings at all for potential tenants.

    Oh so she could have to pay until her lease is up or until a new a tenant moves in?

    I wasnt aware but this is why I'm asking!!

    Does your friend live with the LL? I’m not sure how a LL can stop a tenant from holding viewings to assign the lease, or why the tenant would even tell the LL about the viewings.


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    #5
    pew
    Registered Users Posts: 2,237 ✭✭✭pew


    Dav010 wrote: »
    Does your friend live with the LL? I’m not sure how a LL can stop a tenant from holding viewings to assign the lease, or why the tenant would even tell the LL about the viewings.

    No she doesnt. The room needs to be painted because of wear and tear but doesnt want viewings to happen before the room can be painted but he wont organize for the the room to be painted.

    Sorry for the confusion.


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    #6
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    pew wrote: »
    No she doesnt. The room needs to be painted because of wear and tear but doesnt want viewings to happen before the room can be painted but he wont organize for the the room to be painted.

    Sorry for the confusion.

    Ok.

    This is important. Your friend has a term lease, she is entitled to assign it, if the LL refuses assignment, she can leave, giving the correct notice, and is not liable for paying rent for rest of term.

    This sounds like the LL is refusing to allow your friend to assign lease, the room would not be due to be painted until the end of your friends contract. If she has paid rent up to the end of her notice, she is due her deposit back in full assuming no damage is done to room. After 5 years, painting is the result of normal wear & tear. Tell in to inform the LL if there is any BS, she will open a dispute with the RTB and let them decide.


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    #7
    pew
    Registered Users Posts: 2,237 ✭✭✭pew


    Dav010 wrote: »
    Ok.

    This is important. Your friend has a term lease, she is entitled to assign it, if the LL refuses assignment, she can leave, giving the correct notice, and is not liable for paying rent for rest of term.

    This sounds like the LL is refusing to allow your friend to assign lease, the room would not be due to be painted until the end of your friends contract. If she has paid rent up to the end of her notice, she is due her deposit back in full assuming no damage is done to room. After 5 years, painting is the result of normal wear & tear. Tell in to inform the LL if there is any BS, she will open a dispute with the RTB and let them decide.

    I will let her know about this.

    Thanks very much for the helpful info :)


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