'Landlord' gives 5 days to move out

flowers345

Does anyone know what my rights are?
I rented a room from a main tennant.
He moved out.
I have never seen the owner nor had any thing on paper from him.
I did search for the owner in order to pay rent to him.
Other tenants moved out due to the state of the place.
The former main tennant came by to collect rent.
He then informed that I have 5 days to leave.
When I asked why he stated the owner wants everyone out.
When I asked why the owner wanted everyone out he had no reason.
I have a 6 months contract with the ex main tennant but none with the owner. It was made shortly before the ex main tennant left. I have lived shorter than 6 months here.

bleary

This tenant sublet the room to you, you dont have a contract with the landlord so i cant see that you have any rights at all

flowers345

Are you sure? should there not be a minimum time to search for another place? The former main tennant collects the rent for the owner he said. The former main tennant is the acting landlord. Should that not give me any rights?

K.Flyer

Property owner = Landlord
Unless you have a contract with the landlords name on it and signed by him the "contract" you signed is probably not worth the paper its written on.
If the person who you signed an agreement with has suddenly left the house and warned you that you have five days to get out I would be very suspicious and doubt you have any legal rights to stay.
Try contact the owner of the property, but be prepared to have to leave.

Paulw

Contact Threshold, and lodge a complaint with the PRTB. They will give you the proper advice, but it should be 30 days notice.

flowers345

It is hard to find the owner. For months I tried to find him. So I have no rights with the as he states 'acting landlord'?

K.Flyer

Paulw wrote: »

Contact Threshold, and lodge a complaint with the PRTB. They will give you the proper advice, but it should be 30 days notice.

If the other tenant sublet the room to the OP without the landlords consent and the LL does not know anything about the OP, there is not much that the PRTB can do about it. But do contact Threshold and see if they can help you.

flowers345

I do not want to go to the PRTB I want to have enough days to find a room.
I do not want any troubles.
All was fine when I started to rent.
The main tennant told me he was the landlord and I assumed he owned the house.
I have 4 days to find a place for all my belongings and it is weekend and Helloween. BOOO.

cerastes

flowers345 wrote: »

Does anyone know what my rights are?
I rented a room from a main tennant.
He moved out.
I have never seen the owner nor had any thing on paper from him.
I did search for the owner in order to pay rent to him.
Other tenants moved out due to the state of the place.
The former main tennant came by to collect rent.
He then informed that I have 5 days to leave.
When I asked why he stated the owner wants everyone out.
When I asked why the owner wanted everyone out he had no reason.
I have a 6 months contract with the ex main tennant but none with the owner. It was made shortly before the ex main tennant left. I have lived shorter than 6 months here.

So he came by to collect rent, does he still live there?
How much rent did you pay? is it paid in advance? If I paid in advance, Id be staying the amount of time Id paid for.

While you might not have any rights if the circumstances are as a person that has sublet off a tenant that didnt have permission to sublet,

How do you know the landlord wants you out? if you havent spoken to or seen them?
Or how do you know many other things which the head tenant might not be telling you?

D3PO

you have no rights you were renting a sublet room you had no contract with the LL you have no rights you aren't the leaseholder.

flowers345

This former main tennant does not live here. He moved out 2 months ago. In the past he talked to the landlord. The landlord did want our rent according to this former main tennant. He would collect from this main tennant. But nothing on paper. You are right in that I do not know what the owner really wants and the main tennant can say anything. But I cannot reach the owner.
Do I have the right to stay here till the owner comes in person?

super_furry

Please say you didn't give the rent to the former main tennant. Sounds like he's on a scam.

djimi

By the sounds of it the former tenant has been subletting without the landlords knowledge, the landlord has found out, evicted them and now wants all the subletters out. Contact Threshold for advice, but I suspect you dont have any real hope here.

cerastes

At the least, Id suggest staying for the period you payed for, then you are at no loss.

I wouldnt give anymore money to the so called main tenant but the landlord instead, as mentioned here already, I thought it sounded a bit suspicious, and while it could be legitimate, there would be no harm confirming this, although at this late stage it may not matter.

Id wait for the landlord to turn up, you could keep the rent for them and explain the situation, they may allow you to stay.

flowers345

super_furry wrote: »

Please say you didn't give the rent to the former main tennant. Sounds like he's on a scam.

I have. The main tennant told me that the owner does not want to speak to me. I have put rent for after the month in the bank in a seperate account. If the owner comes by at least I will have a months rent to pay to him. The main tennant left for a better quality room.

odds_on

flowers345 wrote: »

This former main tennant does not live here. He moved out 2 months ago. In the past he talked to the landlord. The landlord did want our rent according to this former main tennant. He would collect from this main tennant. But nothing on paper. You are right in that I do not know what the owner really wants and the main tennant can say anything. But I cannot reach the owner.
Do I have the right to stay here till the owner comes in person?

So, when you moved in, your agreement was with the "main tenant" and as such, you were a licensee/lodger with no rights. The fact that the "main tenant" moved out does not invalidate you licensee status, you remain a licensee of the "main tenant".

Did you pay him a deposit? I hope you can get that back. Unfortunately, a licensee can be asked to vacate the same day - not nice, but licensees have few, if any rights - most rights are by agreement with the landlord who in this case is the "main tenant".

flowers345

Landlords can appoint agents to act on their behalf and there is no difficulty in that regard. If you are paying rent directly to the landlrod or his agent (that does not reside in the same property as you) then you could be classified as a tenant and have all rights and obligations terms of relevant notices periods.
Quote treshold.
Now the problem here is that the landlord can say he has repairs to be made. Can a landlord throw out a tennant in 5 days because he wants to do some repairs? Seen the state of the place it would be needed.
I was told to leave today instead of tomorrow but held my ground. Have not met the owner yet.

odds_on

flowers345 wrote: »

Landlords can appoint agents to act on their behalf and there is no difficulty in that regard. If you are paying rent directly to the landlrod or his agent (that does not reside in the same property as you) then you could be classified as a tenant and have all rights and obligations terms of relevant notices periods.
Quote treshold.
Now the problem here is that the landlord can say he has repairs to be made. Can a landlord throw out a tennant in 5 days because he wants to do some repairs? Seen the state of the place it would be needed.
I was told to leave today instead of tomorrow but held my ground. Have not met the owner yet.

The landlord of a licensee / lodger does not necessarily have to reside in the same property, therefore, the OP may well be a licensee and not a tenant with all the rights of the RTA 2004.

flowers345

The ex-main tennant now agent refers to us as tennants only.

djimi

flowers345 wrote: »

Landlords can appoint agents to act on their behalf and there is no difficulty in that regard. If you are paying rent directly to the landlrod or his agent (that does not reside in the same property as you) then you could be classified as a tenant and have all rights and obligations terms of relevant notices periods.
Quote treshold.
Now the problem here is that the landlord can say he has repairs to be made. Can a landlord throw out a tennant in 5 days because he wants to do some repairs? Seen the state of the place it would be needed.
I was told to leave today instead of tomorrow but held my ground. Have not met the owner yet.

The problem that you face here is that an agent must be appointed by the landlord. Going on what you have said here, the tenant that you rented from was not granted the authority to act as an agent, and by the sounds of it was illegally subletting. They get evicted, and anyone that they were subletting to has no legal right to be in the property.

Im only forming an opinion based on the information given, but to me it sounds like you have no grounds to claim that you were a tenant Im afraid.

djimi

flowers345 wrote: »

The ex-main tennant now agent refers to us as tennants only.

What the former tenant refers to as is irrelevant.

Have you spoken to Threshold about this? I think you need to gather all of the facts surrounding the situation with the main tenant/landlord first, and then consult with Threshold to get advice on where you stand. The problem here is determining on what authority the tenant had to act as landlord/agent, because this is going to be key to determining your status in the tenancy. If they are legally your landlord then you are covered by the RTA and have rights. If you are a licensee in the property then you have no rights.

Ideally you need to make contact with the property owner, because by the sounds of it this tenant is unreliable and what they say cannot be trusted.

jacko

You shouldn't be moving out until you talk directly to the landlord. At least get the real story from him

In all likelihood you will have to move on, find somewhere else.
Have you looked for alternative place to stay?

flowers345

I have put up a seperate post asking for a room but got no reply to that yet. I have looked all over the internet but there simply are no places available on such short notice and it is hard to get anything as is. Any offer is highly appreciated.
Djimy the ex-main tennant was acting landlord. He has been doing this for 9 years. He however does live in a better place.

djimi

My point is that you need to hear that from the property owner. The tenants word may not be enough as it might not be reliable; lets say he has been illegally subletting for some time now and the landlord has only just found out about it. I dont know if this is the case, but it would certainly change your circumstances if it were.

bigblackmug

I once rented a room in a house where the person I was letting from swore blind they were subletting from the landlord who had moved to America and that they collected the rent on their behalf.
I went to the land registry office and found out this person was in fact the landlord and was telling me a stream of lies.

Greenmachine

bigblackmug wrote: »

I once rented a room in a house where the person I was letting from swore blind they were subletting from the landlord who had moved to America and that they collected the rent on their behalf.
I went to the land registry office and found out this person was in fact the landlord and was telling me a stream of lies.

Sounds like an avenue for the OP to explore alright.

flowers345

I will wait for the landlord and stay put untill then.

JJJJNR

Worst case scenario try staying in a hostel for a few days.

odds_on

flowers345 wrote: »

I will wait for the landlord and stay put untill then.

Be expected to be evicted within 24 hours - so have another place ready to move to.

The_Morrigan

Flowers you can't bury your head in the sand here, you have to actively locate the actual landlord and you need to find short term accommodation asap, be it friends, a hostel or another room somewhere. You can't just sit there and wait.

cerastes

bigblackmug wrote: »

I once rented a room in a house where the person I was letting from swore blind they were subletting from the landlord who had moved to America and that they collected the rent on their behalf.
I went to the land registry office and found out this person was in fact the landlord and was telling me a stream of lies.

you'd have less rights in that scenario

why did they make a point of saying this? and why did you make a point of looking into it?

flowers345

I have no where else to go to bar any hostel but that would be too expensive in the long run. I am trying hard to find a place. But on my budget that is very hard to find.

JillyQ

Op any mention off your deposit being refunded?

flowers345

I am staying here so I should be paying more rent in the long run, the tennancy has not ended. It does kinda end tonight I guess but not legally I think. I do not think that the ex-main tennant would give a penny. He has never done. if you give him rent or esb he never has change either. I have some money now to pay for another room and a deposit but if I stay for a month in hostels then I will not have enough for a new deposit anymore.

cerastes

flowers345 wrote: »

I have no where else to go to bar any hostel but that would be too expensive in the long run. I am trying hard to find a place. But on my budget that is very hard to find.

did you say where you were? or is it too small to say? Ive always thought there were plenty of rooms to let available.

flowers345 wrote: »

I am staying here so I should be paying more rent in the long run, the tennancy has not ended. It does kinda end tonight I guess but not legally I think. I do not think that the ex-main tennant would give a penny. He has never done. if you give him rent or esb he never has change either. I have some money now to pay for another room and a deposit but if I stay for a month in hostels then I will not have enough for a new deposit anymore.

Stay till as long as you have paid and for the duration of your deposit, either the landlord returns it (to help motivate you to move if they are also an innocent party in this) or you just use it up, take that time to try find somewhere, there must be somewhere.

flowers345

I live in Dublin.

Doom

Burn the landlord. ..if you have his details enform revenue. ..more than likey he's dodging taxes too

The_Morrigan

Doom wrote: »

Burn the landlord. ..if you have his details enform revenue. ..more than likey he's dodging taxes too

The landlord doesn't seem to know that flowers is his tenant as the op stated she was subletting, allegations of fraud are serious and should not be thrown about willy nilly.

quietsailor

Doom wrote: »

Burn the landlord. ..if you have his details enform revenue. ..more than likey he's dodging taxes too

Which one - the other "tenant" that took flowers money or the actual owner of the house.

For all we (& flowers know) the owner of the house could have rented to one person - the tenant that took the money - and the owner is declaring that money to revenue completely unaware there is more than one person living in the property.

Read the original post:
Does anyone know what my rights are?
I rented a room from a main tennant.
He moved out.
I have never seen the owner nor had any thing on paper from him.
I did search for the owner in order to pay rent to him.
Other tenants moved out due to the state of the place.
The former main tennant came by to collect rent.
He then informed that I have 5 days to leave.
When I asked why he stated the owner wants everyone out.
When I asked why the owner wanted everyone out he had no reason.
I have a 6 months contract with the ex main tennant but none with the owner. It was made shortly before the ex main tennant left. I have lived shorter than 6 months here.

odds_on

quietsailor wrote: »

Which one - the other "tenant" that took flowers money or the actual owner of the house.

For all we (& flowers know) the owner of the house could have rented to one person - the tenant that took the money - and the owner is declaring that money to revenue completely unaware there is more than one person living in the property.

Read the original post:
Does anyone know what my rights are?
I rented a room from a main tennant.
He moved out.
I have never seen the owner nor had any thing on paper from him.
I did search for the owner in order to pay rent to him.
Other tenants moved out due to the state of the place.
The former main tennant came by to collect rent.
He then informed that I have 5 days to leave.
When I asked why he stated the owner wants everyone out.
When I asked why the owner wanted everyone out he had no reason.
I have a 6 months contract with the ex main tennant but none with the owner. It was made shortly before the ex main tennant left. I have lived shorter than 6 months here.

i missed that point - extremely important.
I suspect that the OP is a licensee and not a tenant.

However, as she has been in the property for less than 6 months, and, if she were a tenant, the landlord have evict a tenant on a periodic agreement (i.e. no fixed term so running month to month) without a reason. However, 28 days notice would be required and a correctly worded notice of termination.

cnocbui

The_Morrigan wrote: »

The landlord doesn't seem to know that flowers is his tenant as the op stated she was subletting, allegations of fraud are serious and should not be thrown about willy nilly.

You don't have to 'burn' the landlord or make any allegations - just informing revenue that you were paying rent at property X and that the circumstances and arrangements seemed odd and that they might want to look at their records would be sufficient. Revenue even have a confidential freephone for reporting suspected customs breaches so I can't see why other types of suspected irregularities would be any different.

The person who likely needs to be reported to Revenue is the former tenant. I wouldn't believe a word that comes out of his mouth. If he contacted me again I would tell him that I wouldn't be doing anything on his say-so - and certainly wouldn't hand over another cent to him - and tell him that if the landlord wanted me out or further rent they would have to communicate in person.

If a deposit has been paid and they are refusing to refund it, If it were me, I would tell the former tenant I wasn't happy about that and mention that I would feel obliged to let Revenue know about the matter if he continues to talk about eviction or collecting further payments.

We once rented a house and were contacted by Revenue asking for details about the landlord as we were claiming rent relief and they obviously had no matching record of the property, so they would be very interested if something is going on.

Just a suspicion, but I doubt anyone is going to be asking the OP to move if Revenue gets mentioned.

odds_on

Just a suspicion, but I doubt anyone is going to be asking the OP to move if Revenue gets mentioned.

It was mention previously by the OP that other tenants had moved out (as it appears has the OP's tenant to whom she is paying her rent because of the state of the property. Perhaps the owner wants to refurbish the property and wants it vacant for the works..

djimi

Informing revenue seems to be a default response on here sometimes when a tenant has an issue. I would suggest concentrating your efforts on sorting your own issue first, as informing revenue is not going to affect your situation one iota. If you want to get vendictive after the issue is sorted then fire away, but its not going to help anything in the short term.

Rick Rod

flowers345 wrote: »

I do not want to go to the PRTB I want to have enough days to find a room.
I do not want any troubles.
All was fine when I started to rent.
The main tennant told me he was the landlord and I assumed he owned the house.
I have 4 days to find a place for all my belongings and it is weekend and Helloween. BOOO.

Well your approach was silly in the extreme by sub letting from an existing tenant and not speaking with the landlord. You have absolutely no rights here whatsoever. And that is as it should be - you can't just suddenly start living in another persons property without their consent or agreement !

cnocbui

djimi wrote: »

Informing revenue seems to be a default response on here sometimes when a tenant has an issue. I would suggest concentrating your efforts on sorting your own issue first, as informing revenue is not going to affect your situation one iota. If you want to get vendictive after the issue is sorted then fire away, but its not going to help anything in the short term.

You are right, informing Revenue will not sort out any problems, but mentioning the possibility of doing so might.

odds_on wrote: »

It was mention previously by the OP that other tenants had moved out (as it appears has the OP's tenant to whom she is paying her rent because of the state of the property. Perhaps the owner wants to refurbish the property and wants it vacant for the works..

I know, but if the Landlord really wanted the OP out, I believe they would have contacted her directly. It could well be the case the landlord doesn't know she is there or what the former tenant has been up to. From the sounds of it, either the former tenant is worried about the landlord finding out or the Landlord is trying to avoid direct contact. I can't see why the OP doesn't just stay put until the landlord speaks to her face-to-face in person.

While the OP doesn't seem to have a leg to stand on in terms of being evicted, by the same token, she doesn't have to take the original tenants word on anything and certainly not a verbal statement he is an agent of the landlord.

djimi

cnocbui wrote: »

You are right, informing Revenue will not sort out any problems, but mentioning the possibility of doing so might.
.

So in other words, blackmail them?

flowers345

Hi I am still here. 3 other tennants are still here as well. There is no record with revenue online for this place. The ex-main tennant has not showed up yet. I do not think that he spoke one true word. I will wait for the owner to clarify the situation. Thank you all so much for helping me through this week. Your wise words and calm approach helped me a lot. Whatever happens, I have most of my belongings moved to a storehouse now. I feel calm enough to be able to sleep here knowing what to say when they knock on the door.

foggy_lad

flowers345 wrote: »

Hi I am still here. 3 other tennants are still here as well. There is no record with revenue online for this place. The ex-main tennant has not showed up yet. I do not think that he spoke one true word. I will wait for the owner to clarify the situation. Thank you all so much for helping me through this week. Your wise words and calm approach helped me a lot. Whatever happens, I have most of my belongings moved to a storehouse now. I feel calm enough to be able to sleep here knowing what to say when they knock on the door.

Could you and the three other tenants get somewhere together? it might make things easier for all of ye.

flowers345

About half an hour ago the ex-main tennant came by again. He wanted me out. It turns out he does not want to do any repairs at all. I was calm and told him i wanted to speak to the owner. According to him the owner does not want to come out and does not want to speak to us. I also asked for a written statement from him that I had paid the rent, electricity etc. The ex-main tennant refused to write anything down on paper. He would only be willing to put something on paper when I leave. He shouted we were bolloxes (I am a girl) and that he would hire some 'security' guys to throw us out. I got the number of the garda handy in case they get violent.

The_Morrigan

Flowers this is all sorts of wrong do you even know who the landlord is?

odds_on

flowers345 wrote: »

About half an hour ago the ex-main tennant came by again. He wanted me out. It turns out he does not want to do any repairs at all. I was calm and told him i wanted to speak to the owner. According to him the owner does not want to come out and does not want to speak to us. I also asked for a written statement from him that I had paid the rent, electricity etc. The ex-main tennant refused to write anything down on paper. He would only be willing to put something on paper when I leave. He shouted we were bolloxes (I am a girl) and that he would hire some 'security' guys to throw us out. I got the number of the garda handy in case they get violent.

As I said before, you are a licensee of the "ex tenant" and therefore have no right to remain once he decides so - he withdraws your licensee to remain in the property.

Whether he had permission from his landlord to have licensees, is another matter.

This is one reason that any lease agreements that I have seen, prohibit licensees or subletting - the landlord has no say in to whom the tenant lets a room.