Using deposit in lieu of last months rent

SarahSassy

My tenants, dont have a formal lease as I was renting rooms out, have decided to get their own place. Thats fine but they want to use their deposit as the last months rent. I dont want this for obvious reasons and have told them so.

What rights do I have to force them to pay the rent?

partyguinness

They must pay the rent.

If you want to accomodate with this arrangment..that is up to you but legally a deposit and rent are too separate things and you are not obliged to accept this. Basically it is up to you.

SarahSassy

Rent due on 1st. Jsut found out and I texted each of them and have sent them all a letter to clarify the position. The bloody stress of renting out rooms...

Victor

If you own the place, live there and having people paying to stay there, then they are lodgers, not tenants. It is your residence, you are esentially entitled to do as you like. You only have to give then reasonable notice. Ultimately no rent = bye bye.

SarahSassy

Well I keep a bedroom with stuff in it but have never used it cos my parents live nearby when i go home I stay with them... They are lodgers so?

Victor

Eh, thats a lot fuzzier - you probably wouldn't be a resident and therefore they would be tenants, not lodgers and tenants have much stronger rights.

If they don't pay, they notice period is much shorter than a month.

If in doubt -> solicitor.

Jo King

The rooms appear to be let on an individual basis. If that is the case no resident is the occupier of a self contained dwelling.
The following is from a decision of the PRTB

Reference

TR10/DR532&589/2006. 27 April 2006

"Under the agreement entered into in December 2003 the Tenant is merely entitled to exclusive occupation of one bedroom and he shares other facilities including the kitchen, bathroom facilities and reception area facilities with other occupants.

The Landlord was of the view that the Tenant was not entitled to put a new lock onto the bedroom door. The Tenant contested this.

It is clear from the evidence that the letting does not come within the definition of “dwelling” as set out in section 4 of the Act of 2004. The shared facilities afforded to the Tenant could not be considered to be a “bed-sit” or any other form of “self-contained residential unit”.

It follows that the relationship between Landlord and Tenant is outside the scope of application of the Act of 2004 and the Tribunal does not have jurisdiction to determine the dispute."

SarahSassy

OK well I told them all I was not happy to accept the deposit in lieu of rent. One replied to say she will not be paying the rent as she is worried she wont get the deposit back cos she has no lease and does not have my home address. I do not operate like that and she has reneaged on bills before which she swears she has paid but could not prove it. It was only €30 so I let it go at the time. I dont trust her promises to pay the bills after she moves out.

I have told her she must pay and if she doesnt then she has until tomorrow to get out. Am I being fair and what can I do next if she doesnt pay?

IRISH RAIL

I Dont think you can just say you have till tomorrow to go im pretty sure you have to give reasonable noitce.
Id be seeking legal advice for this go see a soliciter.

Jo King

If the deal is that payment in advance is expected them her righ to remain expire when the rent runs out. there is no need for notice since she should be aware of the terms. A person gets no notice in a hotel. If they book in and pay for three days the hotel does not have to give them notice to go on the fourth day.

SarahSassy

She didnt pay her rent today. Solicitor said it may be more trouble than its worth....

Dont want to let her away with it but I dont know what to do.

Jo King

Change the locks!