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Eviction notice + Leaving early

  • 21-03-2022 6:31pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    Hi All,

    Landlord let us know they will be moving back into the house - we were given 6 months notice

    We have been told that if one of us moves out earlier than the end date, the rest will be liable to cover their rent (We are also not able to get a short term let in)

    Does this seem accurate?

    Thanks



«1

Comments

  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭meijin


    do you have one lease that covers everyone in the house?

    or each person rents a room directly from the landlord?

    why are you not able to get someone in on short term let?



  • Registered Users, Registered Users 2 Posts: 648 ✭✭✭MakersMark


    You can just not pay it...nothing the landlord can effectively due in 6 months.



  • Registered Users, Registered Users 2 Posts: 8 ohthistime


    I signed no lease / contract / tenancy when I moved in - neither did the other girls. This is the only time I have been in any contact with the landlord since I moved in (one year ago)

    We were told we cannot get a short term let in as in would not be appropriate as they require the house back in less than 6 months and have already served notice.



  • Registered Users, Registered Users 2 Posts: 648 ✭✭✭MakersMark


    They can't make that stipulation.



  • Moderators, Technology & Internet Moderators Posts: 7,423 Mod ✭✭✭✭pleasant Co.


    But if you don’t pay the rent, they might evict you…oh…wait…



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  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Really simple here. The rent is for the entire property not an individual basis. As a group you are responsible for the ENTIRE rent. If somebody moves out before the end they should continue paying the rent they are obliged to pay. If the person leaving is refusing to pay the remaining group have to cover the rent but can bring a small court claim against that person.

    As the idea of a short term let, who wants to stay such a brief time? They can't stop a short term lease as such but they don't have to accept who you find.

    This is where you stand legally but I am sure others will mention the lack of enforcement.



  • Registered Users, Registered Users 2 Posts: 2,196 ✭✭✭Fian


    However you are entitled to replace someone who leaves, you must obtain the consent of the landlord but if that is unreasonably withheld you are entitled to terminate the lease.

    Landlord's realistic concern should really be that you will actually leave at the end of the notice period, not whether they can make sure they eke out every last day of rent before they regain possession.


    Did you get a written notice, in the prescribed form, for the prescribed period? Was it accompanied by a statutory declaration witnessed by a solicitor?

    If not the notice is invalid and you will have all the leverage. You are entitled to 120 days notice after you have been in situ for 1 year, 180 days after 3 years.

    Here is the prescribed form of written notice:





  • Registered Users, Registered Users 2 Posts: 648 ✭✭✭MakersMark




  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik




  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    The law changed you don't need a rental agreement as you get a standard set of rights and obligations



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  • Registered Users, Registered Users 2 Posts: 648 ✭✭✭MakersMark


    Yeah.. but that doesnt include a forced Joint and Severally liable clause.

    The landlord is on shaky ground here.



  • Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭wench


    Do you each pay the landlord your portion directly, or does one person collect all the rent and pay it in one go?



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Let's assume they are registered tenants and then they are no longer on shaky ground at all. Instead of trying to find a loop hole you could acknowledge that as adults that it is completely reasonable to expect full rent for a property whether your room mate moves out or not.

    The issue is with the person moving out not the landlord



  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    I think a decent landlord would be reasonable here. He is asking you to leave so if you fund alternative housing that meets your needs why would he block you taking it



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Reasonable is they all move out at the same time not in dribs and drabs. He can't move back while they are still there and they have full use of the place while the landlord doesn't. Totally different to letting them leave early

    Say if the landlord is renting themselves and has to fund his rent while they stay paying less

    Always odd how tenants want all the rights and none of the obligations. The rent is for the entire place and the tenants are obliged to pay it. Their issue is with the person leaving and not paying the rent due



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    I agree. You are either giving back the house or you are not. Until it is given back then the house commands the full rent payable.



  • Registered Users, Registered Users 2 Posts: 7,964 ✭✭✭growleaves


    Be careful taking what posters say here as the final word. They themselves are landlords and feel landlords as a class are hard done by, never miss a chance to say so, and it seems to colour all their thoughts.

    You have no contract to pay the entire rent for the house and are now expected to pay the rent of a departed tenant? That seems like an ambivalent situation to me.

    Get proper advice. Don't trust this dodgeball forum.



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Can you explain why somebody in control of a property should not pay full rent?

    It is the people leaving that should continue to pay the rent that is the point



  • Registered Users, Registered Users 2 Posts: 3,878 ✭✭✭irelandrover


    They dont have control of the property. If they had control then they could take someone in for the few months to cover the shortfall.

    the landlord is putting restrictions in place yet still demanding full payment.



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Not how it works I am afraid. You misunderstand what under control means. They are in possession which mean under their control. Tenants do not have the right to move people in and out as they choose. Who is going to want to move in for a couple of months? How long will it take them to find them?

    The landlord is not putting in restriction they exist as part of the rules. The group of people rent the property they as a whole are responsible for the rent. Landlords are in no way obliged to sort out the dynamic and agreements within that group. Rent is for the property and the group are responsible. One othat group doesn't pay the remaining group must pay the shortfall and then they can go after the non payments on the individual. That is how the law works even without a contract.

    This is the adult world where somebody pays and the view the landlord should doesn't make any sense to me. Can you explain how they should given the group agreed to rent the entire property and not a room from the landlord. Do you think that would work in a hotel or restaurant?



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  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Im not a landlord but i try to look at things from everyones point of view.

    Its attitudes like yours that going to get house shares regulated and over priced.

    People should respect one anothers right to their properties.

    In this case the OP doesnt want to give the house back for 6 months but wants the landlord to be paid a fraction of the value for that time.



  • Registered Users, Registered Users 2 Posts: 3,878 ✭✭✭irelandrover


    If the group agreed to rent the entire property then they should pay for the entire property. They should also be allowed to propose a replacement tenant yet the landlord is refusing this.

    However can you show where the OP has stated that they agreed to rent the entire property and that they dont just rent a room? You have no idea on the actual conditions the OP rents under yet are fully confidant that what you say is correct.



  • Registered Users, Registered Users 2 Posts: 7,964 ✭✭✭growleaves


    I haven't said what you've ascribed to me. I've said it seems an ambivalent situation and to seek proper advice.

    No I'm not driving higher prices and forcing LLs out of the market. Legislators are doing that, write to your TDs maybe?

    My attitude is that when posters interweave advice to tenants with rants about how tenants have too many rights, don't want to take responsibility etc that's a major red flag.

    Bringing grievances about how it's a hard knock life for LLs into *every* thread - including threads where tenants are asking for advice on their own personal situation - is socially un-aware and makes it seem like an obsession.



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    By moving in together they made that agreement whether you want to believe that or not. They changed the law so after 6 months the rules apply regardless of contract.

    As I said who wants to move in short term? Where will they get them? How will the vet them? Afte six months the tenant has rights so it would always have to be shorter than 6 months.

    The tenants still have to give a full valid notice just like a landlord. No mention of any kind of notice from the tenants

    Is your only stumbling block the fact the landlord won't accept a short term tenant? If that was not an issue you would agree full rent is due?

    Do you think it would be a fair situation for tenants and landlords that any time the correct notice is given on a shared place that some random person can be moved in to the place so that one tenant can avoid their financial responsibilities?



  • Moderators, Education Moderators, Music Moderators Posts: 10,686 Mod ✭✭✭✭melekalikimaka


    there is nothing "ambivalent " about obligations



  • Registered Users, Registered Users 2 Posts: 181 ✭✭AustinLostin


    There actually is - basically why civil courts exist....



  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    So many people dont understand how rental supply got so low and how rents got so high.

    If we keep going around the merry go round its only higher that rents will go.



  • Registered Users, Registered Users 2 Posts: 3,878 ✭✭✭irelandrover


    Ill make this a bit more clear. If they agreed as a group to rent the entire property then they should pay for the entire property. If one moves out then they should have the option of replacing them.

    You seem to be presuming that in this case everyone in the house moved in together and agreed to rent the entire place. I see nowhere this mentioned. All I see is the OP said this.

    I signed no lease / contract / tenancy when I moved in - neither did the other girls. This is the only time I have been in any contact with the landlord since I moved in (one year ago)

    We were told we cannot get a short term let in as in would not be appropriate as they require the house back in less than 6 months and have already served notice.

    if they moved in as a group i would expect them to say "when we moved in".

    Your posts are correct if they all moved in as a group and agreed to be jointly and severely liable for the whole rent. But i do not see how you can say that is definitely the case in this situation based on the info provided.



  • Registered Users, Registered Users 2 Posts: 7,964 ✭✭✭growleaves


    I don't disagree with your analysis overall.

    I'm asking why you spam every thread with it and is that appropriate or helpful?

    You seem to think that any tenant picked at random bears the responsibility for onerous pro-tenant legislation.

    Are you aware that Noel Ahern TD (FF) co-authored the Residential Tenancies Act 2004? Does this information mean anything to you?



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  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    The minute they moved in they became part of a group. Nothing to do with if they moved in at the same time. That is where you are failing to understand. When you move in to a shared place you are agreeing to be jointly responsible.

    I point to where I asked you questions about the fairness on tenants and landlords with random people moving in. I am answering you and you are not answering the questions I put to you. Could you do me the courtesy of fully replying to the questions I asked you so I can understand what you are saying?



  • Posts: 0 [Deleted User]


    Have to say, I don’t think the LL should expect to have it both ways. If he/she won’t allow a tenant to assign their interest in a lease agreement, I don’t think he/she is in a position to demand full rent when one moves out. If the tenants are unable to find a new short term tenant, then yes, the rent is due in full from whomever remains.

    It is also worth considering that having a reference will benefit those looking for a new place to rent, their name on the RTB website will not.



  • Registered Users, Registered Users 2 Posts: 1,104 ✭✭✭manonboard


    Doesnt your view mean that when someone moves in they join a group and group responsibility automatically, but you dont apply the same standard when someone wants to move out that they get to disengage from that group responsibility of the house (as others are remaining).

    if others remain, the OP is no longer part of the group. If nobody remains, the landlord has the house back and whether they choose to rerent for a short period or not is only the landlords problem.



  • Registered Users, Registered Users 2 Posts: 3,148 ✭✭✭MacDanger


    In practice, the simplest thing to do would be for all of you to move out at the same time - you can do this at any time before the notice date you have been given. This would save arguments over who is liable for the rent when the first person moves out.

    If it's the case the ye really want to get someone in to cover the period when the first person is gone, I think (open to correction on this though) that the remaining tenants could take someone in as a licencee for that period



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    You can leave a group once you discharge your responsibilities. What would the point of a group be if you can just say "I'm out" once there is any responsibility?

    I find some of these argument incredibly childish. The issue is with the other tenants. They should have a joint adult discussion.

    They either pay the full amount or they all move out and make the place available to the landlord. They just have to agree the details among themselves. At no point is it reasonable to have the property in their possession and not pay the full rent



  • Registered Users, Registered Users 2 Posts: 98 ✭✭cfingers



    What makes you think when people move into house share they become a group - ie jointly and severally liable? Is it based on rtb adjucations or legislation or something else?



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  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    I’m not a landlord, but I agree with the posters you allude to. Why? Because they’re correct. You can have your own agenda, but facts are community property.



  • Posts: 0 [Deleted User]


    When you enter a house with a joint tenancy, you have to accept the legal obligations which come with that.



  • Registered Users, Registered Users 2 Posts: 812 ✭✭✭CreadanLady


    Stop giving incorrect information. A tenant cannot be brought to the small claims process in court. That is utter nonsense. The small claims process is for taking cases against businesses.

    Its is actually simple. you are jointly and severally liable for the rent. That is the most common arrangement, and since there is no written agreement to the contrary, that is what is going to stand.

    You can either a) make up the rent between ye or b) not make up the rent and the landlord would be entitled to take it out of yer deposits at the end.

    And if the deposit doesn't cover it, well then there is jack sh!it nothing the landlord can do about it unless he wants to take ye to and RTB tribunal for the sake of a few hundred quid. Even if he got a judgement, he'd have no chance of collecting it.

    That is what it boils down to. Take it or leave it girl.

    The MFV Creadan Lady is a mussel dredger from Dunmore East.



  • Posts: 0 [Deleted User]


    The fact that they don’t have individual lease agreements, verbal or written, should be the giveaway. Probably also depends on who advertised the tenancy when the op moved in, was it a tenant moving out, or the LL looking to rent a room to a tenant separate to those already renting in the property.



  • Posts: 0 [Deleted User]


    Think you better check your claim about the SCC. It does allow for disputes involving people renting under license.



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  • Registered Users, Registered Users 2 Posts: 3,878 ✭✭✭irelandrover


    You seem to be discussing very general terms here which isn't helpful for the OP. You state that correct notice is given but you have no idea how long the lease is in place. You have no idea on the conditions of the OP renting.

    Maybe the head tenant on the lease is subletting and the OP isn't liable for the full rent. Just moving into the house doesnt mean you are fully responsible. The fact that the OP never had contact with the landlord before now suggests they are not on a lease.

    To answer the question, I do not think you should be able to move random people into and out of houses, of course not. But the person leaving should be allowed propose a new person. This is not them abandoning their financial responsibility, it is them accepting them.

    My position is that maybe the OP and others are fully liable for the full rent. Maybe the head tenant is fully liable for the full rent and the OP is not. Maybe they got valid notice and maybe they didn't. The fact is that you don't know a lot of the details in this case but are giving out definitive answers.



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    If you read what I said you would know it was the other tenants can bring the non paying tenant to small claims court for the rent they pay for them. Nothing to do with the landlord. Are you saying that is incorrect.



  • Registered Users, Registered Users 2 Posts: 812 ✭✭✭CreadanLady


    No they damn well can't. The small claims procedure is for consumers who want to resolve disputes with businesses.

    It is not for Paddy taking housemate Mary to court because she owes her share of the rent

    So yes I am telling you you are incorrect.

    The MFV Creadan Lady is a mussel dredger from Dunmore East.



  • Registered Users, Registered Users 2 Posts: 98 ✭✭cfingers


    I also think who advertised place should have impact on if they are jointly and severally liable - I also think if they pay landlord individually or if one person pays landlord it should impact it. However I've no legal backing or rtb cases to my view so my view isn't really worth much.

    What's the legal backing to you view? Especially interested in your viewnl that lack of any written or verbal lease making it defacto group lease and not a defacto individual lease.



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    Ignoring the legalities and making up your own is probably even less helpful.

    There is no lease standard section 5 kicks in after 6 months. You don't understand that no lease is involved in this specific case and therefore the standard rules and regulations apply.

    There is no head tenant

    You do not know what you are talking about.

    I asked you a ton of questions so you would think about what you are saying and explain how your logic works. You answered one question and didn't just answer it but used it to bring in another weird concept of a head tenant. You are making up all kind of scenarios and things not said. There is no question on valid notice because that is not part of the issue unless you just want to find a loop hole which again is not addressing the issue at hand. All tenants liable for the rent that simple



  • Registered Users, Registered Users 2 Posts: 8 ohthistime


    Thanks all.



  • Registered Users, Registered Users 2 Posts: 3,878 ✭✭✭irelandrover


    That's a lot of definites in your answers. How do you know there is no lease? All your answers seem to be based on the fact that there is no lease but that wasn't actually said. The OP said they didn't sign a lease.

    If there was no lease then I fully agree with your answers.



  • Posts: 0 [Deleted User]


    I think you would be better asking the most important person on this thread, the op, to confirm what type of lease he/she has, joint or individual.



  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    They already said they had no lease. You know the actual details of the issue. If you want to say she never signed a lease it still doesn't matter. To bring in a new theory that there is a lease but the op and the other tenants she spoke to never signed it is the massive stretch. It doesn't matter they are obliged legally and certainly morally. You don't leave somebody else to pay your financial responsibilities period. It is absolutely bizzar to try and move it onto the landlord. If the rent reduced for that reason as a land I would say fine if I am paying for it I am moving in. Seems fair if we are going to claim the space is not used and want the landlord to pay for it.



  • Registered Users, Registered Users 2 Posts: 419 ✭✭DFB-D


    Op just to give you an oversight of the relevant law here, it is a bit tricky.

    1. It is most likely that you and the other residents share a tenancy. The landlord is entitled to the entire rent for the property. There is no mechanism currently to reduce the rent on the basis that less persons are resident in the property.

    2. The landlord cannot exercise control over the property beyond what is reasonable for a lessor, they need to allow the tenancy holders to enjoy the property. This means you can take in licencees (once there is no overcrowding) . The landlord must be advised of the persons resident in the property, but that is all. I am leaving out some related points about licensees contained in the legislation, but you can read up on that. The above is not effected by tenancy terms agreed, the legislation and practice covers it.

    3. You are free to leave within the notice period with no penalty if the landlord is the party issuing notice.


    I think your best bet is to reason with the LL who understandably wants minimal fuss, but reason that you are taking in a short term licensee and the LL does not have the legal responsibility of an additional tenant here. The licensee can request to become a tenant but as notice has been given the LL can refuse on that basis, so you would be responsible for the licensee.



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