House share lease terms

boardie100

just a general question...

i'm thinking of moving into a house share but most of them are looking for 1 year plus commitments.... i just wondering how enforceable these are?.... is a contract normally signed etc?... would i lose my deposit if i left early?

I looking at staying for 6 months

athtrasna

If you move into an owner occupied house/apartment you become a licensee rather than a tenant and could move out after six months.

Six month house leases are available but if you're looking for a room rather than a whole house/apartment short term lets are hard to get because of the difficulty in getting new tenants to fill the room without leaving a gap.

boardie100

thanks for taking the time to reply

odds_on

athtrasna wrote: »

If you move into an owner occupied house/apartment you become a licensee rather than a tenant and could move out after six months.

Six month house leases are available but if you're looking for a room rather than a whole house/apartment short term lets are hard to get because of the difficulty in getting new tenants to fill the room without leaving a gap.

If you are a licensee (or lodger) you do not have to stay for six months. However, the landlord was probably looking for a person who would stay long term. However, you may leave at any time (subject to any agreed terms and conditions) and usually the notice period is the same as the rent period. Weekly rent - one weeks notice; monthly rent - one month's notice.

However, I was more under the impression that the OP was considering moving into a house which was already rented out and there was a space/room available.

In this case, there are several possibilities:
1. You go in as a licensee/lodger and one or all the other tenants are your landlord/s. You pay your rent to them and have no dealings with the owner of the property. Usually there is just a verbal agreement and you are not a tenant nor can you make a claim with the PRTB. The other tenants should have asked the landlord for permission as there is usually a clause in a fixed term agreement preventing this.

2. You deal with the landlord and/or the other tenants. You name should be added to the original lease (or possibly by assignment) and you have a room and share facilities with the other tenants, usually sharing utility bills. You are jointly and severally liable for the rent and other outgoings (utilities) of the house.

3. You deal with the landlord only, who provides a lease for one specific room and shared facilities with other tenants. Usually utility bills are shared between all tenants. This type of tenancy is not registered with the PRTB. You are only liable for your own rent (and your share of the utilities.

In cases 2 & 3, if it is a fixed term lease, your best and least complicated way out is to assign your part of the lease, should you want to leave.
The most common type of lease is for 1 year, fixed term. When a person wants to leave, the should find someone (an assignee) to take over their part of the lease; which you will probably be doing if you move into shared accommodation as in case 2.

boardie100

odds_on wrote: »

If you are a licensee (or lodger) you do not have to stay for six months. However, the landlord was probably looking for a person who would stay long term. However, you may leave at any time (subject to any agreed terms and conditions) and usually the notice period is the same as the rent period. Weekly rent - one weeks notice; monthly rent - one month's notice.

However, I was more under the impression that the OP was considering moving into a house which was already rented out and there was a space/room available.

In this case, there are several possibilities:
1. You go in as a licensee/lodger and one or all the other tenants are your landlord/s. You pay your rent to them and have no dealings with the owner of the property. Usually there is just a verbal agreement and you are not a tenant nor can you make a claim with the PRTB. The other tenants should have asked the landlord for permission as there is usually a clause in a fixed term agreement preventing this.

2. You deal with the landlord and/or the other tenants. You name should be added to the original lease (or possibly by assignment) and you have a room and share facilities with the other tenants, usually sharing utility bills. You are jointly and severally liable for the rent and other outgoings (utilities) of the house.

3. You deal with the landlord only, who provides a lease for one specific room and shared facilities with other tenants. Usually utility bills are shared between all tenants. This type of tenancy is not registered with the PRTB. You are only liable for your own rent (and your share of the utilities.

In cases 2 & 3, if it is a fixed term lease, your best and least complicated way out is to assign your part of the lease, should you want to leave.
The most common type of lease is for 1 year, fixed term. When a person wants to leave, the should find someone (an assignee) to take over their part of the lease; which you will probably be doing if you move into shared accommodation as in case 2.

to be honest either an owner occupier place or rented house are options.... i guess i'm just looking for the best option as regards staying for only 6 months...

would an owner occupier ask me to sign something?.... i guess i'm looking for the easiest way not to commit to a year (for personal reasons)...

"In cases 2 & 3, if it is a fixed term lease, your best and least complicated way out is to assign your part of the lease, should you want to leave."

can you explain what you mean by assign?

odds_on

boardie100 wrote: »

to be honest either an owner occupier place or rented house are options.... i guess i'm just looking for the best option as regards staying for only 6 months...

would an owner occupier ask me to sign something?.... i guess i'm looking for the easiest way not to commit to a year (for personal reasons)...

"In cases 2 & 3, if it is a fixed term lease, your best and least complicated way out is to assign your part of the lease, should you want to leave."

can you explain what you mean by assign?

If you have a tenancy lease and you want to leave before the lease comes to an end, Irish law allows a tenant to "assign" the remainder of the lease to another person (who must be acceptable to the landlord) who then takes over all the responsibilities of the lease, leaving you free to leave and retain your deposit.

However, as it is you who wants to break the lease, it is your responsibility to find the new tenant and the costs in doing so are also your responsibility. A problem arises if you are unable to find a new tenant and you are liable for the rent until a new tenant is in place and starts to pay the rent. The new tenant is called an assignee. This is a way out but not perhaps very practicable for some people wanting to leave.

If you live with an owner-occupier, there are very few laws relating to this situation. Basically, you are a guest in the owner's property and are permitted to live there under a licence (the same goes if you stay in a hotel, guest house or B&B). It is fairly common not to have a written licence agreement (personally, I prefer written agreements as then there is evidence of what was agreed) and I am currently a lodger/licensee with only a verbal agreement which includes that one month's notice is required.

Again on a personal note, I actually prefer to be a lodger rather than have a tenancy lease around my neck. As a lodger, the house is kept clean and tidy by the landlord and his girlfriend; we use a dish washer so just load it with dirty plates, mugs, cutlery etc and it is turned on at night time. Plus, I can leave at any time with a month's notice.

boardie100

thanks for clarifying!