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Tenant or Licensee? + Deposit

  • 17-07-2007 5:36pm
    #1
    Jonnie_Onion
    Registered Users, Registered Users 2 Posts: 245 ✭✭


    Hi there,

    Couple of quick questions. Let me give you a scenario:

    Person moves into shared accomodation and gives deposit to the person vacating. Other people in the house deal with the Landlord and may or may not be on a lease. How do you decide if this person is a tenant or just a licensee? If they've only dealt with the residing tenants does that make him a licensee?

    Consider then a situation where he wants to move out and the other people are being too lazy about getting a replacement in (so he can get his deposit back). What come back does he have? If he's only a licensee he can't get his deposit back from the landlord can he?

    There's no communication between him and the other tenants, rarely sees them, they dont respond to phone calls or texts. Should he just start arranging to get someone in himself to get the deposit?

    I'd appreciate any comments. Any more info you need let me know.


Comments

  • #2
    antoinolachtnai
    Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    Even if he's a tenant, he probably can't get his money back from the landlord, if he is one of a number of people on the lease. The deposit is for the group of people jointly, not for each individual tenant and the landlord won't pay the deposit back until he gets vacant possession.


  • #3
    Jonnie_Onion
    Registered Users, Registered Users 2 Posts: 245 ✭✭Jonnie_Onion


    He's not on the lease. The PRTB website seemed to indicate that the Tenancy Act applies if you aren't on a fixed lease, and that deposit is due back once sufficient notice is given in writing, no damage is done and rent is paid. My worry for him was that he wouldn't be classed as a tenant for the purposes of the Act. It seems though the the situation will resolve itself.


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