Is it my responsibility to fill the room?

Janneke

Hey, myself and flatmate are in rented accomodation, and our contract expired a few months ago. I now want to move out, but my housemate wants to stay on and find someone else to fill my room.

If he can't find someone else to fill the room, can the landlord keep my deposit? I am going to giveover a month's notice that I am leaving and the place is spotless so I don't feel I deserve to lose my deposit.

Any advice appreciated!

Rodin

Janneke wrote: »

Hey, myself and flatmate are in rented accomodation, and our contract expired a few months ago. I now want to move out, but my housemate wants to stay on and find someone else to fill my room.

If he can't find someone else to fill the room, can the landlord keep my deposit? I am going to giveover a month's notice that I am leaving and the place is spotless so I don't feel I deserve to lose my deposit.

Any advice appreciated!

You don't have a contract, so you don't have to give any notice. IMO

the groutch

Janneke wrote: »

If he can't find someone else to fill the room, can the landlord keep my deposit?

not even wrong

Janneke wrote: »

If he can't find someone else to fill the room, can the landlord keep my deposit?

No. Finding a replacement is your roommate's problem and is nothing to do with you.

the_syco

Janneke wrote: »

Hey, myself and flatmate are in rented accomodation, and our contract expired a few months ago.

Do you have one contract, or two separate contracts?

convert

Janneke wrote: »

Hey, myself and flatmate are in rented accomodation, and our contract expired a few months ago. I now want to move out, but my housemate wants to stay on and find someone else to fill my room.

If he can't find someone else to fill the room, can the landlord keep my deposit? I am going to giveover a month's notice that I am leaving and the place is spotless so I don't feel I deserve to lose my deposit.

Any advice appreciated!

As you're living in the accommodation following the expiration of your lease, you're now covered by a Part 4 Tenancy which requires you give the landlord a set period of notice. The required notice will depend upon how long you've been living there. The required notice is as follows:

Duration of tenancy Notice by tenant
Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days
2 or more years 56 days

Ste.phen

Convert's post is the most relevant; assuming you signed one contract together, you a) both need to give notice and move out, or b) the person leaving needs to find a replacement which is acceptable to the landlord.

In the case of b) the landlord will probably keep the original deposit (as a deposit) and the person moving in can reimburse the person moving out.

If you signed seperate contracts, one for each room, it really depends on what's in the contract, but either of you should be able to move out without the other getting screwed

Janneke

Thanks everyone. We had one contract. I've sent the landlord an email letting them know (giving adequate notice for the time I've been living here) and asking what the craic is with the deposit. So waiting to hear back...

It seems a bit lousy if I am responsible to fill the room, since I am not leaving before my lease was up. Maybe I'll call into the Citizens Advice Bureau and see what they advise.

gimme5minutes

Tell the landlord to take the deposit as the last months rent. Problem solved. Or else dont and hope he pays you back, even though you have given him an excellent excuse not to. Not that LLs even need a legitimate excuse these days, many will simply invent some issue as a reason to withold the deposit. If you pay the rent and he ends up ripping you off (as is happening an enormous amount of people, do a search on this forum), I guarantee you will always use your deposit as the last months rent in future. I see no absolutely no reason not use deposit as last months rent these days, why risk losing several hundred euro worth of your money?

Coriolanus

convert wrote: »

As you're living in the accommodation following the expiration of your lease, you're now covered by a Part 4 Tenancy which requires you give the landlord a set period of notice. The required notice will depend upon how long you've been living there. The required notice is as follows:

Does the time of notice required include the time covered by the lease?
Ie: If you've been renting for a year long lease, you now automatically need to give 35 days coverage?

antoinolachtnai

You both still owe the rent, and you are both liable for it, until one of you is taken off the lease and someone else replaces him/her to the satisfaction of the landlord.

You are only entitled to your deposit back from the landlord if you give him back vacant possession. If you have not vacated the apartment, do not expect him to give the deposit back.

convert

Nevore wrote: »

Does the time of notice required include the time covered by the lease?
Ie: If you've been renting for a year long lease, you now automatically need to give 35 days coverage?

Yep, it's from the day you first move into the house/apartment/room. It's pretty straight forward under a Part 4 tenancy, but if you have a lease there may be a clause in it which requires a certain amount of notice from the tenant when they're moving out before the expiration of the lease, so you'd need to check before giving notice. Your landlord may also require you to find somebody else if you're moving out before the lease is up.

Janneke

Thanks everyone. I've gotten a reply from the landlord saying they won't give me back my deposit unless my flatmate moves out (which he doesn't want to) too. That I have to fill the room and then the new tenant will give me the deposit.

Since I am not breaking my lease (my lease expired in January), I don't think it should be my responsibility to fill the room. Surely that's the landlord's job? (or the agency in this case)

I think I'm gonna talk to Threshold or Citizen's Advice and find out exactly how I stand legally cos this seems a bit bullsh**y to me.

antoinolachtnai

Your responsibility in conjunction with your flatmate is to pay the rent and comply with the rent. If you want to move out, you can do so, but it is still up to you to pay the rent.

The law allows you to substitute in a new person, but that person is up to you. It is obviously critical that you find a person that you and especially your flatmate can live with.

An agency or a landlord can't really go looking for a new flatmate for you, even if they want to. That is because the agency or landlord has no business getting involved with your private, domestic affairs.

How can you expect the landlord to give you back the deposit when you haven't vacated the property?

Janneke

I will have vacated the property, but my flatmate won't.

The issue is if he can't find someone new, then I lose my deposit, even though I have covered myself by giving loads of notice.

antoinolachtnai

You haven't vacated the property, because your flatmate is still in it. 'Vacated' means that you have left the property empty, i.e., there is nobody living there anymore. It needs to be vacated in order for the landlord to be able to rent it to someone else.

You and your flatmate are the joint tenant. You are regarded as one. In the legal jargon, you are 'jointly and severally liable'.

If he can't find someone else, he's best to give notice and leave at the same time as you.

ztoical

antoinolachtnai wrote: »

You haven't vacated the property, because your flatmate is still in it. 'Vacated' means that you have left the property empty, i.e., there is nobody living there anymore. It needs to be vacated in order for the landlord to be able to rent it to someone else.

You and your flatmate are the joint tenant. You are regarded as one. In the legal jargon, you are 'jointly and severally liable'.

If he can't find someone else, he's best to give notice and leave at the same time as you.

+ 1 You rented together and both names were on the lease, it doesn't matter that the lease has expired, once it did you moved into a part 4 but your still jointly renting. The LL rented out the whole house to you not just rooms and they have no right to rent it out while tenants are still living there so either you or the flatmate find a new person to share or both you and your flatmate move out at the same time.

Giblet

You could be joint and severally responsible which means you should both leave the place vacant at the same time. The lease can still have a clause meaning it is active as long as a name is on the lease.

Tigger

Your flat mate should give
You your deposit if he's staying and your not

Is this a ended relationship or a simple flat share ?

Janneke

Tigger wrote: »

Your flat mate should give
You your deposit if he's staying and your not

Is this a ended relationship or a simple flat share ?

Flat share, but don't think that makes much difference to the landlord.