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Sub-lessors saying I have to move out

  • 03-04-2012 3:10pm
    #1
    Closed Accounts Posts: 263 ✭✭


    Hi, I recently saw an ad for a share room in a 3 bed apartment. 2 guys living in the apartment and they were looking for someone to move into the spare room. The Daft ad (which I have saved) said: Available for 1 year plus.

    They've been living in the apartment for 5 years and their friend was moving out so they had the spare room. So I agreed to take it, paid the deposit and got all the necessary furniture etc. that I'd need for the apartment. Then 2 weeks later, two days before I was due to move in, they called me to say that one of their friends was coming back from Australia in 4 months time and that he'd be getting the spare room when he got back.

    I was so so close to just saying that I wouldn't even bother moving in but it was 2 days before I was due to. I had bought all the furniture and had nowhere to put it. I had nowhere else I could move into on that day so I decided to move in anyway. I've now been there 2 weeks and really like the place.

    But I'm furious at this idea that I will go and settle in, get used to the location, my living arrangements etc. and then will have to go through the stress of moving again in 4 months time.

    The problem is that they had no lease for me to sign. As I said they've been renting it for 5 years so they just have their 2 names on the lease and have always sublet the 3rd bedroom out. The advertisement on Daft said Available for one year plus and I know they technically told me before I moved in (well, 2 days!!) but do I have any rights here at all? Or do I have to accept the fact that I'll have to move out in 4 months so their friend can take my room?


Comments

  • Registered Users, Registered Users 2 Posts: 655 ✭✭✭splendid101


    I'm not sure about the ins and of the law but I just think you should be aware that, if you fight it and earn the right to live there past the four months, they may not be very pleasant to live with.

    You may wish to leave anyway if they feel you're a jerk for keeping their Australia mate out of their home.

    I'm not saying that's fair, or right but it's worth bearing in mind.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    In fairness they told you before you moved in what the story was and you still moved in anyway. They didnt give you very much time granted, but you could have still pulled out of the move.

    Without a lease or anything in writing to show what you agreed initially (a Daft ad does not count) I really dont think you have much comeback on this one unfortunately.


  • Registered Users, Registered Users 2 Posts: 1,479 ✭✭✭Doop


    There isnt much you can do really, and the daft is no use, theres nothing legally binding about it, and as you say theres no lease with your name on it.

    Not much point stressing yourself out, granted its a bit of a shi*ty situation. Maybe ask the other flatmates seeing as they didnt give u much notice about changing it to 4 months will it be ok if you move on earlier than the four months and at least you'll have plenty of time to find another decent place to move on to.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    Now that you're in there's nothing you can do as far as I can see.


  • Banned (with Prison Access) Posts: 730 ✭✭✭gosuckonalemon


    Nothing you can do.

    Fighting them over it would just lead to resentment and a horrible environment.

    Just use the 4 months to find a nice place for yourself.

    Out of curiosity what kind of furniture were you buying that you couldn't just store in your existing place for a few weeks??


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


    With no lease and as you are living with the people who are "renting out the room", (provided you pay the rent to them and not directly to their landlord, you are just a lodger or licensee and the current tenants are your landlords.

    As such, you have virtually no rights at all. However, take your time in finding a new place that you like and then move into the new place. Your notice period would be the same as your rent period.


  • Registered Users, Registered Users 2 Posts: 655 ✭✭✭minotour


    Move out asap, by staying the four months you are giving them a dig out, get out asap and let them bear the brunt of the rent for the four months. No point in helping them out after they dicked you around.


  • Registered Users, Registered Users 2 Posts: 605 ✭✭✭omega666


    minotour wrote: »
    Move out asap, by staying the four months you are giving them a dig out, get out asap and let them bear the brunt of the rent for the four months. No point in helping them out after they dicked you around.



    I bet they knew all along that thier buddy was coming back in 4 months, relalised it would be very hard to get someone to fill the room
    for 4 months so chanced thier arm by pretending it was avilable for the year.

    By giving you such short notice they knew you would have no other option
    but to take it at that stage.

    Crappy thing to do to someone but either way you will have to move out.
    Dont pay the next months rent as they will keep your deposit and just use that month to look for a new place.


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


    omega666 wrote: »
    I bet they knew all along that thier buddy was coming back in 4 months, relalised it would be very hard to get someone to fill the room
    for 4 months so chanced thier arm by pretending it was avilable for the year.

    By giving you such short notice they knew you would have no other option
    but to take it at that stage.

    Crappy thing to do to someone but either way you will have to move out.
    Dont pay the next months rent as they will keep your deposit and just use that month to look for a new place.

    As a lodger / licensee and you don't pay the rent, the landlord/s can ask you to vacate within 7 days and possibly immediately.


  • Closed Accounts Posts: 263 ✭✭Locomotion


    Thanks for the replies guys. It was sadly a collection of what I was expecting, that I don't really have any leg to stand on here.

    I will, as you suggested, continue to look for other places from now (rather than 3 months from now) and if I find somewhere that I really like, I'll have no hesitation in telling these two that I'm moving out early.


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  • Registered Users, Registered Users 2 Posts: 270 ✭✭jacko


    yep, you should find a place and move out asap and demand full deposit back. by staying on you are only subsidizing the other tenants until they get their friend on board.

    I'm hoping that you told them this when they informed you that you can only stay 4 months after initially agreeing that you would be there for 1 year+.

    pretty lame thing for them to do, you are a fool if you pay for the 4 months and then get booted out.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    I didn't know they took a deposit off you! A few days before the last months rent is due ask them for the deposit back because you need the deposit to secure your new apartment. That way they cant screw you over later.


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