Landlord wants to add extra tenant - no consultation

topper75 · 07-09-2010 2:39pm #1

I am in a houseshare with three other tenants who signed a lease about 2 years ago. I wasn't a signatory to that lease. I never dealt with the landlord have no issue with my own circumstance.

A problem has arisen now affecting us all. The landlord informed us that he wants to give an unused bedroom to one of his own friends. One tenant, effectively our rep with the landlord, replied that we were not interested in this arrangement and are happy for things to remain as they are. The landlord countered that it was their choice as landlord to decide who goes in the house. The three other tenants claim to have signed a lease but don't have their own copy. Where do we stand on such matters and what should we do next?

the_syco · 07-09-2010 2:49pm

Do you pay rent per room, or each a portion of the houses rent?

If you rent a room, I can't see you having much say. If the latter, I don't see why you can't demand a drop in rent, bills, etc?

topper75 · 07-09-2010 2:53pm

the_syco wrote: »

Do you pay rent per room, or each a portion of the houses rent?

If you rent a room, I can't see you having much say. If the latter, I don't see why you can't demand a drop in rent, bills, etc?

We each pay a proportion of a block rent figure and the landlord does not know who pays what.

As regards demanding a drop in rent, yes the landlords proposal, to be fair, was that we would have to pay reduced rent as a group when this new person's rent is factored in. However, we would prefer to keep the status quo as money isn't really the issue rather the balance/mood in the house.

ki · 07-09-2010 2:56pm

Solution, suggest to the land lord that you advertise the room yourselves and choose your own house mate rather than a person being trust upon you.

3DataModem · 07-09-2010 3:01pm

If the three of you are renting the house as a single unit then it's your home, and the LL doesn't get to break that agreement.

However if you don't have a valid current lease to have then the LL can give you notice that he is terminating the lease, and inviting you to sign another with Mr 4th included.

Pretty messy. Tell the landlord you want the status quo or you want out, let him decide.

topper75 · 07-09-2010 3:09pm

ki wrote: »

Solution, suggest to the land lord that you advertise the room yourselves and choose your own house mate rather than a person being trust upon you.

The landlord claims that the new proposed tenant is a specific friend who is looking for accommodation now. I have my doubts about that but must take it at face value.

3DataModem wrote: »

Pretty messy. Tell the landlord you want the status quo or you want out, let him decide.

Yes, I fear it is going to go to hardball like that. I can move elsewhere easily enough but I have to make sure that others are on board with such an endgame. Not having a lease copy is unhelpful. I'll have to rectify that anyway.

listermint · 07-09-2010 3:11pm

Pull the place apart for the lease. its somewhere, mine was when i had to search for it.

lisasimps · 07-09-2010 3:12pm

also, tell him you use the room for storage!

This is very unfair, but i cant see it ending amicabley, the landlords issue isnt the amount of income he gets, its that he wants to home his friend, so the tennants finding their own 4th housemate wouldn't solve the issue

convert · 07-09-2010 4:03pm

It would be a good idea to get your hands on a copy of the lease and see if there's a clause in it which provides for such a change in arrangment.

Unfortunately you won't know for sure until you check the lease, but if there's no provision, and the landlord wishes to put somebody else in the house, then perhaps he would be breaking the terms of the lease as the others have signed the lease by which they agreed to rent the house, in its entirety, together? Obviously I stand corrected on that, but if you need to know for sure, then contact the PRTB (prtb.ie). They would be able to advise you (accurately)both of your rights regarding this and the best course of action to take.

Before you challenge the landlord, you'd also need to make sure that there wasn't a provision in the lease which prevented subletting. If there was, then technically your housemates, by renting to you, are breaking the terms of the lease, which may permit for its termination. Therefore, the landlord could enter into a new lease and include the 'new' tenant in it.

kmick · 07-09-2010 4:06pm

Tell him you are going to move out. That will concentrate his mind.

the_syco · 08-09-2010 3:01pm

kmick wrote: »

Tell him you are going to move out. That will concentrate his mind.

Agreed. Check with the others, and deliver the endgame to him. Say you don't like the new lease, and all of you have no qualms about moving out if he breaks the lease you signed.

Treehouse72 · 08-09-2010 4:46pm

WTF? If you have a lease then just tell the landlord to go swing. He has no right whatsoever to insist you take in a person you don't want. It's absolutely absurd that he would insist he has the right to impose this on you. He sounds like either a chancer or completely clueless. Either way, tell him to shove it.

Alternatively, if you want your rent reduced, then let the other person move in. BUT!!!!!!...make absolutely sure that the rent is exactly proportional after this person moves in. For example if 3 of you are currently paying 33% each, make sure that drops to no less than 25% each when the new person arrives. Otherwise, the LL is making money on the deal.

murphym7 · 09-09-2010 8:43am

This is an easy one - you tell him that things remain the same or you are all moving out - as was said before that will focus the mind. He would be bricking it that he would not be able to fill the house again soon. This fella is only chancing his arm in the hope that you will all be too quiet to complain about it or make a fuss.

topper75 · 09-09-2010 10:12am

Thanks so much to everybody who offered advice here.

We talked amongst ourselves and later with the landlord. The conclusion is that moving is too much hassle for us as tenants, and we will do a trial run with the fifth person. We all benefit from cheaper rent and the landlord collects more overall. In short, this is no longer an issue for us. Really the fault is on our side for not having a lease. There is no lease after all and the guys I share with weren't too savvy about it. We are now renting rooms individually from the landlord. He had no issue afterall with the guys effectively subletting to me. I don't see myself staying long into 2011 there anyway so I didn't want a pointless fight.

The moral of the story for others is: Make sure there is a lease and that you are on it.

Landlord wants to add extra tenant - no consultation

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