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Changing accommodation, my rights?

  • 10-12-2010 1:59pm
    #1
    Tevez101
    Closed Accounts Posts: 111 ✭✭


    Hey guys,

    I'm in College and I'm staying in a house (not with students) and I want to move for two reasons.

    1) I want to be closer to college, and there are places available on campus.

    2) Up until a few weeks ago, there was just 3 of us in the house. Now a fourth person has moved in. I don't get on with the new guy, he is very unhygenic in the bathroom (not flushing the toilet, leaving the place in a mess).

    I have no intention speaking to the guy to resolve the problem because it's too complicated. He is just over 30 so I can't see him changing his ways now. Even if he could, it's not the responsibility of a 20 year old student. The other house mates are not affected as they have en-suites. Besides this, I just can't stand the guy anyway, never stops talking. He's gay(not that I have anything against gays), he is very camp and I really cant deal with this coupled with the actual issue, the fact he is unhygenic(only showers once or twice a week too). If he started bringing boyfriends back that would be the final straw.

    I really don't want suggestions on how I can overcome my issues with him because it won't happen, I just need out.

    My question is regarding my deposit. My contract with my landlord is until the 19th May. I think I'm meant to give 2 months notice if I want to leave to get my deposit back.

    But there is a potential loophole. The contract I signed stated that no more than 3 people will be sharing the house at any one time. So it's broken. But the thing is, I knew full well at the time that there was meant to be 4 in the house because he was asking me if I could find anyone else to rent! So it was clearly a mistake.

    Thing is, should I bring this up if he won't give me back my deposit? What should I do?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Read the lease and check what notice you need to give.

    Are you renting a room or are you part of a group renting the property?


  • #3
    Tevez101
    Closed Accounts Posts: 111 ✭✭Tevez101


    Victor wrote: »
    Read the lease and check what notice you need to give.

    Are you renting a room or are you part of a group renting the property?

    Renting a room, I was never given a copy of the lease. I'm pretty sure I was supposed to give 2 months notice but can I get the deposit back because the contract was technically broken due to the 4th person renting?


  • #4
    Pkiernan
    Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    If you have a written contract stating that nor more than 3 people will occupy the house, and the LL has introduced a fourth, then you are entitled to leave, and the LL wont be suffering any loss in rent.

    He has no grounds to withhold your security deposit (assuming you have caused no damage and are current with rent).

    If he refuses to give you back your deposit tell him you will report him to the PRTB (http://public.prtb.ie/contact.html).

    Has the LL shown you a BER Certificate for the property? He is required by law to do so. If he has not, tell him you will report him to the SEIA if he refuses to return your deposit.


  • #5
    Tevez101
    Closed Accounts Posts: 111 ✭✭Tevez101


    Pkiernan wrote: »
    If you have a written contract stating that nor more than 3 people will occupy the house, and the LL has introduced a fourth, then you are entitled to leave, and the LL wont be suffering any loss in rent.

    He has no grounds to withhold your security deposit (assuming you have caused no damage and are current with rent).

    If he refuses to give you back your deposit tell him you will report him to the PRTB (http://public.prtb.ie/contact.html).

    Has the LL shown you a BER Certificate for the property? He is required by law to do so. If he has not, tell him you will report him to the SEIA if he refuses to return your deposit.


    Thanks for the info. Much appreciated.

    No, he didn't show me any BER Certificate. If he refuses to return my deposit I will bring that up.


  • #6
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    As I see it, you have two main options:

    1) Advise the landlord (in writing and keep a copy) that he has breached the terms of your lease (the other tenants may not have this clause) in respect to 4 not 3 tenants in the house, and that you will take it to the PRTB unless he reduces the occupants to three people. Also suggest that you would be willing to leave to accomodate the provisions of the lease provided you get your full deposit back.

    2) You can assign your lease and get another person to take it over. If the landlord does not accept an assignment you are free to leave and get your deposit back in full.

    Obviously, there may be deductions from the deposit if you have damaged anything or cause damage beyond normal fair wear and tear.


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