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Group want to evict one flatmate

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  • 09-11-2013 4:11pm
    #1
    Registered Users Posts: 7


    Hello all,

    This is on behalf of a group of us with a problem - we've all been living in a flat together (we're all on the lease, I know this makes things much more difficult), but all of us are finding one of our flatmates excessively difficult to live with. It's gone from everyday laziness to worse. They constantly waste our electricity, our heat and all our food (without replacing it), as well as not being able to pay for this excess, all of us have already had to sub them for the rent, while this person wastes money on expensive things.

    We feel really let down because all of us really put the effort in to make our place tidy and nice to live in, yet constantly come back to see the place a mess, with dishes in the sink for days on end, our (small enough as it is) fridge overloaded with their out of date, mouldy food. If we leave this person alone in the flat, the electricity bill almost doubles. It's becoming really difficult to live with and we don't know what to do. We've already tried raising these issues but every time we do, this person just gets angry and defensive (they're pretty much like this all the time to begin with).

    We really don't know what to do, and it's made worse by the fact that all of us know someone else who would deserve to live there more. None of us want to move out, this person just has no respect for the effort we put in and we don't know how to go about fixing the situation. We've tried being patient, we've tried confrontation but nothing has changed.

    HELP!!!!


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Comments

  • Registered Users Posts: 6,423 ✭✭✭tinkerbell


    Why are you subbing their rent and bills? That was your first mistake. Move out (the rest of you) or ask the other person to leave.


  • Registered Users Posts: 434 ✭✭TheBoffin


    If all of you are in agreement over this individual and you have exhausted confronting them, then as a group you need to ask them to leave or failing that the rest of the group leave and get a new place.


  • Registered Users Posts: 15,618 ✭✭✭✭Leroy42


    defo don't sub them the rent. All the other issues, while very annoying and real are somewhat subjective, but if they fsik to rent or bills on time thats pretty clear.

    When they miss a payment then you have a clear breach of contract and can ask them to leave. quite possible that you'll all end up with tge shortfall but long term it makes sense


  • Registered Users Posts: 7 ElFuegoRojo


    We've stopped the subbing now, we never wanted to do it in the first place - we really don't want to move out, we love our little place and this person is the only thing letting it down - is there any way we can talk to our landlord (who is a really nice guy, has been very helpful with any problems we've had with the flat) and try and negotiate it? Would it (long shot here) help if we said that we have effectively a dead-cert replacement who can start paying rent immediately?


  • Registered Users Posts: 434 ✭✭TheBoffin


    we really don't want to move out, we love our little place and this person is the only thing letting it down

    I don't think it will come to moving out. If you speak to the landlord and explain the issue them it is in their interest to ensure the flat continues to be let. If the landlord is local, ask that the remainder of the group meet him for a coffee to discuss it.

    The landlord is not going to leave a group of tenants move out to keep one tenant that cant pay their rent in the place.


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  • Registered Users Posts: 7 ElFuegoRojo


    Thanks for your help, I think we'll bring it up next time he checks in on us


  • Registered Users Posts: 313 ✭✭my teapot is orange


    TheBoffin wrote: »
    The landlord is not going to leave a group of tenants move out to keep one tenant that cant pay their rent in the place.

    The landlord is going to want to know they have sufficient evidence to evict the awkward tenant first or they could be making big problems for themselves down the line.


  • Registered Users Posts: 7 ElFuegoRojo


    What would sufficient evidence be? Not being able to pay rent & bills?


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    How does the ESB bill double ,this a guess / estimate or actual meter reading ,


  • Registered Users Posts: 434 ✭✭TheBoffin


    The landlord is going to want to know they have sufficient evidence to evict the awkward tenant first or they could be making big problems for themselves down the line.

    Not really, Not if the landlord speaks to the individual and says that a group are looking to leave so the individual will have to continue the lease with full rent by themselves. Although its a possibility the person could decide not to have an issue with that, if others are bailing them out with rent money and bill money, its most likely they will go of their own accord.

    I never mentioned eviction.


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  • Registered Users Posts: 7 ElFuegoRojo


    We're on a pay as you go card - we check the averages and they always shoot up when this person is in by themselves! With regard to the heat, we directly know this person is responsible, they always forget to switch it off when they're done and many a time this has been left on for hours.


  • Registered Users Posts: 313 ✭✭my teapot is orange


    TheBoffin wrote: »
    Not really, Not if the landlord speaks to the individual and says that a group are looking to leave so the individual will have to continue the lease with full rent by themselves. Although its a possibility the person could decide not to have an issue with that, if others are bailing them out with rent money and bill money, its most likely they will go of their own accord.

    I never mentioned eviction.

    That may be untrue. If they are all renting as individuals, the landlord couldn't force one to start paying the rent of the others. And if this person is being bailed out but buying expensive things, you may find when they stop bailing them out, that changes. They have the capacity to pay, they choose not to.


  • Registered Users Posts: 434 ✭✭TheBoffin


    OP, can you say how long is left on the lease in question? Also is there an individual rent amount mentioned on the lease or is it a total monthly amount?


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,377 CMod ✭✭✭✭Pawwed Rig


    I think it is something the tenants need to sort out. The LL is entering a legal minefield if he starts getting involved.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    You's need organise yourself 's ,
    I'd let the meter run out on purpose and let the one individual top it up ,
    And tag all your food stuffs with lists inside press doors and so on ,
    If push came to shove you's all tell the one individual you's have decided to let somebody else who will pay his or way to move in and the end of the next calendar month


  • Closed Accounts Posts: 2,970 ✭✭✭Lenin Skynard


    I hope you live in the big brother house otherwise you don't have a chance with this. It's one of the big downsides of sharing accommodation and just a fact of life. Unless the guy is actually damaging the property I doubt the landlord will bat an eyelid over it.


  • Registered Users Posts: 7 ElFuegoRojo


    Gatling wrote: »
    You's need organise yourself 's ,
    I'd let the meter run out on purpose and let the one individual top it up ,
    And tag all your food stuffs with lists inside press doors

    We've tried all this and this person doesn't give two ****s, I don't think it would harm any of us to raise it to the LL if it gets worse, but we are aware it could very much come to nothing - the worst part is the rent and bills stuff, we know that all the other things only play second fiddle to it.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    We've tried all this and this person doesn't give two ****s, I don't think it would harm any of us to raise it to the LL if it gets worse, but we are aware it could very much come to nothing.

    As long as the land lord is getting his money he probably won't get involved or want to ,

    I'd say you make a stand together and tell him /her sorry but your not paying rent or bills we want you to go ,personally I'd pack his bags right or wrong but this person is having at laugh at other peoples considerable expense


  • Registered Users Posts: 434 ✭✭TheBoffin


    We've tried all this and this person doesn't give two ****s, I don't think it would harm any of us to raise it to the LL if it gets worse, but we are aware it could very much come to nothing.

    I agree its worth a try. I'm not getting any further involved with the PC brigade here. We all know that there are means of getting people to vacate properties and landlords do it every day. Your landlord may or may not wish to go down that road, that is entirely up to them. Best of luck with it and I hope its resolved for you soon.


  • Registered Users Posts: 7 ElFuegoRojo


    Ah well, fingers crossed, thanks all for help, it's certainly given us all a decent perspective.


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  • Registered Users Posts: 1,106 ✭✭✭turbot


    OP, to state the obvious, have you tried simply all asking this person to leave?


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


    tinkerbell wrote: »
    Why are you subbing their rent and bills? That was your first mistake. Move out (the rest of you) or ask the other person to leave.

    If they are all on the lease they are liable for his rent anyway. Better to lend it rather than pay it directly and have him argue he wasn't going to pay it so he doesnt owe you.


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


    Unforunatley you are all jointly in this lease; the landlord wont, and indeed, cant get involved in this, so going to them is rather pointless. They do not have the power to ask one tenant to leave.

    The bottom line is that it is your problem to sort; either this person agrees to leave, or as a group you agree to reassign the lease in its entirety to another party and all move out.


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


    TheBoffin wrote: »
    I agree its worth a try. I'm not getting any further involved with the PC brigade here. We all know that there are means of getting people to vacate properties and landlords do it every day. Your landlord may or may not wish to go down that road, that is entirely up to them. Best of luck with it and I hope its resolved for you soon.

    PC brigade? Would you care to elaborate on how exactly you think the landlord can force one tenant to leave without opening themselves up to legal repercussions?


  • Registered Users Posts: 434 ✭✭TheBoffin


    djimi wrote: »
    PC brigade? Would you care to elaborate on how exactly you think the landlord can force one tenant to leave without opening themselves up to legal repercussions?

    Not really :)


  • Registered Users Posts: 22,305 ✭✭✭✭endacl


    Probably full of all kinda problems, but my solution to this would be to tell them you all don't want to live with them anymore. Explain the reasons. Tell them that they've got a fortnight to find a new place, and change the locks in two weeks time. Just don't give them a key. Ask them where they'd like ye to drop off their stuff if they haven't cleared out by this point. The free ride is over. Ye're not his mammies.

    I realize this breaks all kinds of rules. Frankly, in your situation OP, I wouldn't give a toss. I imagine your landlord won't either when you tell him somebody moved out, and somebody else moved in...


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    In this situation the 3/4 lads or lasses could easily remove the individual and with all singing from the one hyme sheet ,
    Wouldn't be much the one individual free louder could do ,

    Me I'd take all his stuff and wait till he paid everything owed and paid the rest in advance before he could have anything back


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


    endacl wrote: »
    Probably full of all kinda problems, but my solution to this would be to tell them you all don't want to live with them anymore. Explain the reasons. Tell them that they've got a fortnight to find a new place, and change the locks in two weeks time. Just don't give them a key. Ask them where they'd like ye to drop off their stuff if they haven't cleared out by this point. The free ride is over. Ye're not his mammies.

    I realize this breaks all kinds of rules. Frankly, in your situation OP, I wouldn't give a toss. I imagine your landlord won't either when you tell him somebody moved out, and somebody else moved in...

    Actually I dont believe it breaks any rules at all. The landlord obviously cant do this, but I dont think there is anything to stop the tenants doing it. So long as the landlord has no involvement, I dont see the problem.

    Two issues I can think of straight off is that obviously the other tenants will have to cover a higher portion of the rent and bills (and the landlord is not obliged to allow another tenant onto the lease, and indeed might not want to get involved at all for fear of repercussions of illegal eviction if seen to be involved), and also the landlord may not consent to the locks being changed.


  • Registered Users Posts: 22,305 ✭✭✭✭endacl


    djimi wrote: »
    Actually I dont believe it breaks any rules at all. The landlord obviously cant do this, but I dont think there is anything to stop the tenants doing it. So long as the landlord has no involvement, I dont see the problem.

    Two issues I can think of straight off is that obviously the other tenants will have to cover a higher portion of the rent and bills (and the landlord is not obliged to allow another tenant onto the lease, and indeed might not want to get involved at all for fear of repercussions of illegal eviction if seen to be involved), and also the landlord may not consent to the locks being changed.

    They could always be changed back again? Once the issue is resolved?


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


    endacl wrote: »
    They could always be changed back again? Once the issue is resolved?

    It depends on how particular the landlord is likely to be. Changing the locks would constitute a breach of lease (in most cases); it depends really how likely the landlord is to find out.

    Sort of defeats the purpose of changing the locks also if you plan to change them back at some point!


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