Money back question

Irishcrx

Hi,

Basicly I am renting out a room in my house to a couple that I just don't seem to be getting along with very well , they have only been in the house two months the bloke is nice and very approachable but his girlfriend is hot headed, demanding , tells me not to smoke in the house , not to do this and that and I got tired of it.

Heres my question, they want to move out immediatly and stay in a friends while they search for a new place which is fine i'll give them their deposit and we part ways. However they are asking me to refund half of the rent for this month that has been paid and i'm not sure about this as I have to be given some sort of notice, there is no lease in place but I should surely be given at least two weeks notice, can anyone clear it up?

JuliusCaesar

I'm assuming these are lodgers rather than a shared tenancy. In which case your wan has a neck putting down rules. Lodgers aren't covered by PTRB because they aren't tenants - they're there on a 'license agreement'. So notice period should be "reasonable" - but that's a stretchy piece of elastic! Are these your first lodgers? Or just the first time you've had problems?

You'll probably have to bite the bullet on this one, and be better prepared for the next lodgers.

It's probably best to have a 1 page agreement covering 1 month's deposit, 1 month's trial, rent amount, date due, outline which bills are shared and which aren't, smoking, overnight visitors, parties etc and get it signed beforehand. (I've been doing some reading up about this!)

Of course if they are not lodgers, none of the above applies.

This was useful. http://www.daft.ie/discussions.daft?dcn[discussion_id]=114814&dcn[forum_id]=3


(Mods - any chance of a sticky on lodgers?)

sweetie

It's common decency not to smoke in the company of others whether this was mentioned beforehand or not.

Cork Exile

sweetie wrote: »

It's common decency not to smoke in the company of others whether this was mentioned beforehand or not.

In public maybe but not in one's own home. I'm a non-smoker BTW.

Ste.phen

Agree with the above. I don't smoke and don't let people smoke in my place, but it's the OPs home, and to hell with the lodgers!
I'd be inclined to hang onto the month's rent they gave you, even if they only stayed 2 weeks, especially considering you've to find replacement lodgers now. Maybe you could split the difference and give them a week back

Victor

A refund of rent is almost unprecedented. Fair enough if you were asking them to leave or they were forced to leave because there was a problem with the property (the palce burns down, mould, damp, etc.), but they seem to me moving of their own choice. No doubt they will argue that you are forcing them to move.

Can I suggest you try to find a new tenant and it you find one quickly, give them back the amount from the time the new tenant moves in. Whether you deduct for advertising is antoher matter.

Calina

sweetie wrote: »

It's common decency not to smoke in the company of others whether this was mentioned beforehand or not.

It's common decency not to move into someone else's home as a lodger and start to lay down the rules about what happens.

OP, I would be of the opinion that rent refund is not called for in this situation.

Me personally i would never live with a couple either.