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Landlord moved someone into our apartment!

  • 02-12-2013 10:33am
    #1
    Registered Users, Registered Users 2 Posts: 49


    Strange situation here that I was looking for advice on.

    My girlfriend and I were renting an apartment in Dublin, with our lease due to finish on the 14th December. So on the 14th of November, we naturally paid our last month's rent and began looking for a new apartment (wanted to move to a better area). We found one quick enough, and were due to move in to the new apartment on the 28th November (and we did move on that date).

    We didn't mind taking a hit on the rent we had already paid on the old place (i.e. we were paid up to the 14th December., but would be moving out on the 28th November).

    Before moving, we told our previous landlord and the letting agency that if someone wanted to move in to our old apartment, it would be free from the 28th November rather than the 14th December so they could move in early if they wanted, provided that the landlord arrange for the portion of rent between the 28th and 14th to be returned to us. Here is how I worded it exactly (extract from the email sent):

    "I imagine prospective tenants would want to move in advance of Christmas so you can let them know that it will be free from the 28th if they wish to move in from that date. However this is subject to us getting approval from yourselves and having the appropriate portion of our rent returned. So please give me a shout if you wish to arrange this. Otherwise we will hold on to the keys until the 14th and the apartment will be considered occupied until then. "

    The landlord thanked us for letting them know, and said they would get back to us if they had any requests from someone to move in early. We never heard anything back, so figured that was that and moved in to our new place on the 28th.

    So we're now living in our new apartment, while still in a lease until the 14th on the old apartment. Decided to call round yesterday evening to check out the old apartment, make sure everything was in order (we still have the keys until the 14th) and what do you know, there's a load of boxes with what I imagine is a new tenant's property. There's a TV, some furniture, a lot of clothes, bedsheets etc. and other personal belongings. Someone else is moving in ahead of the 14th!

    Now I know we were happy to take the hit on the rent, but surely this isn't acceptable? I know I should ring the landlord/letting agent straight away but I just wanted to check what rights I have here? What's done is done, but do I have a right to demand part of the rent back? The new tenant, I imagine, has no idea we're still on the lease so I dont want to chuck someone out on the street if they're oblivious to what's going on, but just want to know what I should do now? (Have contacted threshold for advice also btw).

    The bloody cheek of some people! Thanks a mill.


«1

Comments

  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    The way I see it you are still the lease holder and retain all of your rights. You agreed to waive your right to come and go from the property before the 14th on the condition ' is subject to us getting approval from yourselves and having the appropriate portion of our rent returned.'

    This condition has not been met so you are still the leaseholder. The question is what you want to do the remedy the situation. I would recomend giving the LL a call in the first instance and hear their side and ascertain how much (if any) of your rental payment will be returned to you.


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


    I would imagine the Landlord gave the people who are going to move in permission to store some of their belongings in the APT beforehand.

    Just ring up the Landlord and find out what’s going on. They should have got your approval beforehand either way.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    As no permission was given, or at least the conditions attached to permission were not granted, has someone been trespassing?

    As the OP is still the leaseholder, could they then lock up the stuff moved in and charge a fee for the storage?


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    No Pants wrote: »
    As the OP is still the leaseholder, could they then lock up the stuff moved in and charge a fee for the storage?

    You would then be punishing an innicent third party.
    It would be better to get this settled as civily as possible before getting beligerent. If the LL does give some rent back then neither side has suffered any loss so no harm done. If on the other hand the LL does not give money back and is getting 2 rental incomes at once I would be recommending lodging a complaint with the PRTB.

    Either way I don't think hassling the new tenant will achieve anything.


  • Moderators, Recreation & Hobbies Moderators Posts: 5,838 Mod ✭✭✭✭irish_goat


    Does it look like someone has been living there or just moved stuff in? E.g. are there dishes on the draining board, milk in the fridge etc?

    Since your LL didn't inform you of the new tenant you'd be perfectly entitled to move back in until the 14th yourself so they definitely owe you the rent back if this new tenant is living there before then.


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  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Pawwed Rig wrote: »
    You would then be punishing an innicent third party.
    It would be better to get this settled as civily as possible before getting beligerent. If the LL does give some rent back then neither side has suffered any loss so no harm done. If on the other hand the LL does not give money back and is getting 2 rental incomes at once I would be recommending lodging a complaint with the PRTB.

    Either way I don't think hassling the new tenant will achieve anything.
    Agreed. Sorry, had a rush of blood to the head for a moment. Always better to stay civil until it's time stop being civil.


  • Registered Users, Registered Users 2 Posts: 26,289 ✭✭✭✭Mrs OBumble


    Assuming you're also looking to get your deposit back, then what date is your move-out inspection scheduled for? Could be interesting doing it on the 14th if the new tenant is in place ...


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Assuming you're also looking to get your deposit back, then what date is your move-out inspection scheduled for? Could be interesting doing it on the 14th if the new tenant is in place ...
    Very interesting if the landlord tries to claim from the deposit when the property has not been in your hands.


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


    Assuming you're also looking to get your deposit back, then what date is your move-out inspection scheduled for? Could be interesting doing it on the 14th if the new tenant is in place ...

    Given the fact that the OP has proof that somebody else has been in the property, Id say the landlord would have a hell of a time proving that any damage was caused by the OP. Id be looking for my full deposit returned without question, and being brutally honest Id be looking for my last months rent returned also. Landlord has a bloody nerve and Id imagine if the OP took a case against them then the PRTB would go through the landlord for a shortcut.


  • Registered Users, Registered Users 2 Posts: 586 ✭✭✭jonnybravo


    I'd take pictures as proof too if you can't come to an agreement. Try to get something to date the pictures too.


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  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    jonnybravo wrote: »
    I'd take pictures as proof too if you can't come to an agreement. Try to get something to date the pictures too.
    Yes, pictures of someone else's stuff sitting in the apartment you're paying the landlord for.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Assuming you're also looking to get your deposit back, then what date is your move-out inspection scheduled for? Could be interesting doing it on the 14th if the new tenant is in place ...
    If the landlord mentions any damage, I'd be of the opinion that the OP could blame the new tenant?


  • Posts: 0 [Deleted User]


    Lot of drama over nothing really. If you have your new apartment dont see the problem really


  • Closed Accounts Posts: 4,296 ✭✭✭Frank Black


    What's the issue OP. You've moved before your original lease is up, it seems like your just being a dog in the manger about your previous apartment. Why would you even care if some one else moves into it, you said yourself you were happy to forgoe the extra rent you had paid, but now suddenly this extra rent is a huge issue for you.
    You've moved out, so move on - I can't image a couple of weeks rent is worth getting yourself stressed and angry.


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    This is weird of you OP.

    You told the landlord you are leaving early and if someone wanted to move in before then that would be fine. You did attach conditions but those are pretty much washed out by the base message which is you've moved out early, others can move in.

    I cant see how you are entitled to any rent back, it was your decision to move out early and also your decision to say to the landliord he was free to let people move in before your lease was fully up. What arrangements the new tennant has made with the landlord is their buisness. You should expect your deposit back in full but in fairness you should have arranged an inspection on the day you moved out or close enough, not the end of the lease.

    No good deed goes unpunished, the mistake here was trying to be nice and saying it was ok to let people move in early and exactly that happened except it wasnt exactly to your conditions.

    Live and learn, enjoy your new apartment.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    I think some folks may have missed these bits.
    Bey0nd wrote: »
    Before moving, we told our previous landlord and the letting agency that if someone wanted to move in to our old apartment, it would be free from the 28th November rather than the 14th December so they could move in early if they wanted, provided that the landlord arrange for the portion of rent between the 28th and 14th to be returned to us.

    Bey0nd wrote: »
    "I imagine prospective tenants would want to move in advance of Christmas so you can let them know that it will be free from the 28th if they wish to move in from that date. However this is subject to us getting approval from yourselves and having the appropriate portion of our rent returned. So please give me a shout if you wish to arrange this. Otherwise we will hold on to the keys until the 14th and the apartment will be considered occupied until then. "

    Bey0nd wrote: »
    The landlord thanked us for letting them know, and said they would get back to us if they had any requests from someone to move in early. We never heard anything back, so figured that was that and moved in to our new place on the 28th.


  • Registered Users, Registered Users 2 Posts: 2,036 ✭✭✭murphym7


    It’s the principle of the thing. Landlord getting double rent for a few weeks, the OP is entitled to dance around naked in the apartment until the 14th UNLESS the landlord is honest and says he has rented it out or allowed the use of the property prior to 14th, in which case I would expect the Landlord to cough up the cash. It is very cheeky indeed. Landlord was very foolish also regarding the deposit and any damage they may find, they have no recourse if any damage is found.

    I would leave a little handwritten letter and place neatly on top of the new tenants stuff at the very least. This will show the new tenant that you still have keys/access. This will not go down well I am sure. All for what a couple of weeks rent, if I was the new tenant and saw the letter I would go ballistic and rightly so. Forget about the OP for a minute, what about the new tenant, finding out the previous tenants are still knocking around with access to their new home.


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


    Lot of drama over nothing really. If you have your new apartment dont see the problem really
    What's the issue OP. You've moved before your original lease is up, it seems like your just being a dog in the manger about your previous apartment. Why would you even care if some one else moves into it, you said yourself you were happy to forgoe the extra rent you had paid, but now suddenly this extra rent is a huge issue for you.
    You've moved out, so move on - I can't image a couple of weeks rent is worth getting yourself stressed and angry.

    The problem is that the tenancy has not formally ended, and while the tenancy is still in effect the OP is entitled to privacy and exclusive use of the property. I still used my previous apartment for about a fortnight after I had moved my stuff out while I waited for the notice period to wind down; had the OP being doing the same and had they been coming out of the shower or whatever when the new tenants let themselves in then would you still think that its a nothing issue?

    Id imagine an inspection has no yet been carried out, which is going to lead to a tricky dispute seeing as the landlord cannot now prove who has caused any damage to the property.


  • Moderators, Regional East Moderators Posts: 21,504 Mod ✭✭✭✭Agent Smith


    Random thought that popped into my head.


    Could you keep the stuff thats there?


    like, Someone has entered your apartment (its yours up untill the 14th right? as no permission or notice was given)

    and left stuff there.

    maybe it was a gift?


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


    Random thought that popped into my head.


    Could you keep the stuff thats there?


    like, Someone has entered your apartment (its yours up untill the 14th right? as no permission or notice was given)

    and left stuff there.

    maybe it was a gift?

    I wouldnt keep it, but I might be temped to move it to a more secure location and then charge the landlord a storage fee :pac:


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  • Closed Accounts Posts: 4,296 ✭✭✭Frank Black


    djimi wrote: »
    The problem is that the tenancy has not formally ended, and while the tenancy is still in effect the OP is entitled to privacy and exclusive use of the property. I still used my previous apartment for about a fortnight after I had moved my stuff out while I waited for the notice period to wind down; had the OP being doing the same and had they been coming out of the shower or whatever when the new tenants let themselves in then would you still think that its a nothing issue?

    Id imagine an inspection has no yet been carried out, which is going to lead to a tricky dispute seeing as the landlord cannot now prove who has caused any damage to the property.

    But that's not what happened is it? That's just a load of whataboutery.

    The OP had fully moved out and then for reasons unknown called back around to their old place and noticed someone else had started to move in.
    Sure, the LL has been a bit cheeky, but the OP hasn't suffered any loss and shouldn't be getting into a dispute about an issue that has no direct bearing on him.
    Just move on.


  • Registered Users, Registered Users 2 Posts: 5,147 ✭✭✭Daith


    But that's not what happened is it? That's just a load of whataboutery.

    The OP had fully moved out and then for reasons unknown called back around to thier old place and noticed someone else had started to move in.
    Sure, the LL has been a bit cheeky, but the OP hasn't suffered any loss and shouldn't be getting into a dispute about an issue that has no direct bearing on him.
    Just move on.

    What? The OP has paid his rent up to that point. He's still the lease holder. If he wants to move back to the apt or use the apt as storage or whatever he should be able to. If the landlord paid back the rent to the OPs moving date then it would be fine.

    The LL is being more than abit cheeky.


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


    But that's not what happened is it? That's just a load of whataboutery.

    The OP had fully moved out and then for reasons unknown called back around to their old place and noticed someone else had started to move in.
    Sure, the LL has been a bit cheeky, but the OP hasn't suffered any loss and shouldn't be getting into a dispute about an issue that has no direct bearing on him.
    Just move on.

    The point is that the tenancy had not ended; the OP was still officially living there and the landlord had no business letting themselves into the property. Thats the bottom line. Its not about money; its about privacy. Why the OP was in the property is irrelevant; they were fully entitled to be there as they still had an active tenancy, and they were quite entitled to expect that they still had exclusive use of the property. If they want to sleep naked in the middle of the living room floor then they are well within their rights to do so; it makes no difference that they were also renting somewhere else.

    The landlord is not being cheeky; they have broken the law.


  • Registered Users, Registered Users 2 Posts: 4,454 ✭✭✭Clearlier


    This is weird of you OP.

    You told the landlord you are leaving early and if someone wanted to move in before then that would be fine. You did attach conditions but those are pretty much washed out by the base message which is you've moved out early, others can move in.

    I cant see how you are entitled to any rent back, it was your decision to move out early and also your decision to say to the landliord he was free to let people move in before your lease was fully up. What arrangements the new tennant has made with the landlord is their buisness. You should expect your deposit back in full but in fairness you should have arranged an inspection on the day you moved out or close enough, not the end of the lease.

    No good deed goes unpunished, the mistake here was trying to be nice and saying it was ok to let people move in early and exactly that happened except it wasnt exactly to your conditions.

    Live and learn, enjoy your new apartment.

    It isn't weird at all. It's equivalent to the OP deciding that as he was moving out on the 28th he would only pay rent up to the 28th. They had an agreement which they were honouring. The OP made an offer to change the agreement if it suited both parties. The suggestion is that the landlord took but did not give back.

    It's probably (and hopefully) just a misunderstanding/lack of communication which will be cleared up as soon as the OP manages to speak to the LL.

    Possibly the LL needed to temporarily store some stuff or he's agreed to let the apartment from the 14th but told the new tenants that they can put stuff in there in the meantime - they would still have had no right to do this without the OP's permission but if they're an accidental LL they might not know that. Obviously that's not a good situation but where there's good will and ignorance it should be easier to resolve than if there's bad will.

    OP - I would contact the LL and establish the facts. Once you have the LL's side you'll be able to make a better call on what to do. If they are moving somebody in then it's entirely reasonable of you to expect the LL to stick to your agreement and return an appropriate portion of the rent.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    Sure, the LL has been a bit cheeky, but the OP hasn't suffered any loss and shouldn't be getting into a dispute about an issue that has no direct bearing on him.
    Just move on.

    If someone moves into my house while I am on holidays without my permission. They don't steal anything and clean up after themselves leaving me money for bills etc.

    It is a bit cheeky but I haven't suffered any loss and shouldn't be getting into a dispute about it?


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    murphym7 wrote: »
    It’s the principle of the thing. Landlord getting double rent for a few weeks, the OP is entitled to dance around naked in the apartment until the 14th UNLESS the landlord is honest and says he has rented it out or allowed the use of the property prior to 14th, in which case I would expect the Landlord to cough up the cash. It is very cheeky indeed. Landlord was very foolish also regarding the deposit and any damage they may find, they have no recourse if any damage is found.

    I would leave a little handwritten letter and place neatly on top of the new tenants stuff at the very least. This will show the new tenant that you still have keys/access. This will not go down well I am sure. All for what a couple of weeks rent, if I was the new tenant and saw the letter I would go ballistic and rightly so. Forget about the OP for a minute, what about the new tenant, finding out the previous tenants are still knocking around with access to their new home.

    I was going to suggest something similar - leave a note for the new tenant explaining that you're not due to hand back the keys until the 14th as you're paid up until then. Take a photo of the stuff in there with today's paper (with the date clearly showing) and keep it for your records.


  • Closed Accounts Posts: 4,296 ✭✭✭Frank Black


    Daith wrote: »
    What? If he wants to move back to the apt or use the apt as storage or whatever he should be able to. .

    He doesn't though does he?
    More whataboutery

    djimi wrote: »
    The point is that the tenancy had not ended; the OP was still officially living there and the landlord had no business letting themselves into the property. Thats the bottom line. Its not about money; its about privacy. Why the OP was in the property is irrelevant; they were fully entitled to be there as they still had an active tenancy, and they were quite entitled to expect that they still had exclusive use of the property. If they want to sleep naked in the middle of the living room floor then they are well within their rights to do so; it makes no difference that they were also renting somewhere else.

    The landlord is not being cheeky; they have broken the law.

    The OP wasn't living there - they were living in their new apartment,
    They called back around to the old place for no reason whatsoever from what I can make out.

    So what if they were still 'entitled' to do something - they had no wish to do any of the things you've gone off on a tangent about.

    This is an issue which has basically zero effect on the OP and some people here are advising him to start looking at his legal options - what a load of ****e,


  • Registered Users, Registered Users 2 Posts: 5,147 ✭✭✭Daith


    He doesn't though does he?
    More whataboutery




    The OP wasn't living there - they were living in their new apartment,
    They called back around to the old place for no reason whatsoever from what I can make out.

    So what if they were still 'entitled' to do something - they had no wish to do any of the things you've gone off on a tangent about.

    This is an issue which has basically zero effect on the OP and some people here are advising him to start looking at his legal options - what a load of ****e,

    He's still the leaseholder. He's paid up to that point. It doesn't matter if he does or does not go back to the apt. It's his until the lease is up.
    They called back around to the old place for no reason whatsoever from what I can make out

    He's still paying rent on it. He's more than entitled to go back to his apt.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Quick question OP; what about your utilities? Are the accounts closed/transferred to your new address?


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


    The OP wasn't living there - they were living in their new apartment,
    They called back around to the old place for no reason whatsoever from what I can make out.

    So what if they were still 'entitled' to do something - they had no wish to do any of the things you've gone off on a tangent about.

    This is an issue which has basically zero effect on the OP and some people here are advising him to start looking at his legal options - what a load of ****e,

    The only relevant point is that the OP still has an active tenancy. That is all that matters. What they do with this tenancy is entirely their own business, but until that tenancy ends, they are free to come and go as often as they please, and are entitled to expect to find it as they left it, as they would at any other time they were living there.

    You can blow it off as a nothing issue all you want; it might be a minor issue to you, but most people would feel that while they are paying rent for a property they have a right to expect exclusive use of said property, and the OP is quite right to feel aggrieved abuot this.


  • Closed Accounts Posts: 1,188 ✭✭✭UDP


    This is clearly a breach of contract. The landlord is 100% wrong. Contact the landlord and demand the amount of rent remaining back. If he/she refuses then take a case you to the problem. Doesn't matter how long the case will take since you are not in any rush.


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    But that's not what happened is it? That's just a load of whataboutery.

    The OP had fully moved out and then for reasons unknown called back around to their old place and noticed someone else had started to move in.
    Sure, the LL has been a bit cheeky, but the OP hasn't suffered any loss and shouldn't be getting into a dispute about an issue that has no direct bearing on him.
    Just move on.

    Christ. This is still the OPs tenancy at this current point in time. Yes he has moved his stuff. But NO he has not officially moved out. He has acknowledged this In that he has not yet handed the keys back to the landlord. Perhaps he was going back to do a final check on the house to make sure everything was clean and in place. Who knows, who cares... The fact of the matter is that he is completely entitled to do so until his tenancy ends on December 14th.

    And also to note, we can talk crap about what ifs and whataboutaries (or whatever you want to call them)... But another fact is that as the tenant HAS NOT OFFICIALLY ended his tenancy and handed back his keys he can go back to this place tomorrow for whatever reasons he wants to... Perhaps his electricity could cut out tomorrow, perhaps the roof on this new place will collapse, perhaps he has a fight with his other half and needs to get away for a night.... Yes it's all hypothetocal... And what ifs... But the fact remains if that did happen he would be well within his rights to go back to this other property for the night or for every night until December 14.

    How can you not see this?
    This is what the tenant has been and is still paying for... Access to the property.


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    Franks talking sense, Its much ado about nothing.

    Yea the landlords being a bit cheeky, yea, but It only becomes a problem if deposits are withheld, but that hasnt happened and confronting the landlord about getting money back and the details of people moving stuff in etc will probably only serve hinder that return of money.


  • Registered Users, Registered Users 2 Posts: 5,147 ✭✭✭Daith


    Franks talking sense, Its much ado about nothing.

    Yea the landlords being a bit cheeky, yea, but It only becomes a problem if deposits are withheld, but that hasnt happened and confronting the landlord about getting money back and the details of people moving stuff in etc will probably only serve hinder that return of money.

    The OP has paid rent to the end of the lease! It's his apt! That's the issue. The landlord has broken the lease so the OP getting his deposit back won't be an issue.

    Seriously "confronting the landlord" might cause an issue? Ridiculous.


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


    Where are people getting this idea that the landlord is being a "bit cheeky"? The landlord is breaking the law, plain and simple. The tenant holds full and exclusive rights over the tenancy until the tenancy ends, which in this case it has not.

    At best it is a misunderstanding. At worst the landlord is massively taking the piss and hoping to collect two lots of rent (how he thought he would get away with it is beyond me). Either way the landlord is in the wrong.


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  • Registered Users, Registered Users 2 Posts: 14,149 ✭✭✭✭Lemming


    Franks talking sense, Its much ado about nothing.

    Yea the landlords being a bit cheeky, yea, but It only becomes a problem if deposits are withheld, but that hasnt happened and confronting the landlord about getting money back and the details of people moving stuff in etc will probably only serve hinder that return of money.

    As has already been said; the landlord isn't being cheeky - the landlord has broken tenancy law. It's that simple an issue. They would appear to have broken tenancy law all for the sake of trying to grab two weeks worth of double-rent.

    Edit: djimi beat me to it.


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    Technically all that is true, its his apartment, he's the leaseholder, its his blah blah blah blah pedantic BS.

    Hes moved out, he has a new gaff, the landlord will never see him again after this is all said and done. Better to just get the deposit, get a good reference for being sound as well as a good tenent and move on.


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Franks talking sense, Its much ado about nothing.

    Yea the landlords being a bit cheeky, yea, but It only becomes a problem if deposits are withheld, but that hasnt happened and confronting the landlord about getting money back and the details of people moving stuff in etc will probably only serve hinder that return of money.

    Put it this way. If the OP moved out a month early OP would be expected to pay that month to the LL unless OP or LL found another suitable tenant to take over the lease.

    Since the LL has found another suitable tenant to take over the lease... Than why on earth should OP not get his money money back???

    I mean 2 weeks rent could range from anything from €200 to €1000 + depending on the house! I know I'd be pissed off if I thought my LL was doing me out of a thousand quid!


  • Registered Users, Registered Users 2 Posts: 3,291 ✭✭✭techdiver


    I sincerely hope the people defending the Landlord here are not Landlords themselves! Although in Ireland that wouldn't surprise me, given the fact we have so many cowboy, stroke pulling Landlords in this country.

    Anyone who cannot see that the Landlord here is in breach of the lease, is fooling themselves and the "ah shur it grand" attitude is why we have such disdain for Landlords in this country!

    NOTE: I am not intending to tar all Landlords with the same brush. I'm sure the good Landlords here will agree with me that the cowboy class gives them all a bad name.


  • Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    Technically all that is true, its his apartment, he's the leaseholder, its his blah blah blah blah pedantic BS.

    Hes moved out, he has a new gaff, the landlord will never see him again after this is all said and done. Better to just get the deposit, get a good reference for being sound as well as a good tenent and move on.

    And if new tenant claims something has been broken by previous tenant? Previous tenant claims new tenant did it? Who pays then?

    It's a completely stupid situation for a landlord to have put themselves in.

    Landlord is in the wrong, completely. I'd never let myself into a tenants property.


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  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    My main worry would be the utilities, I presume the op submitted readings to the companies already and transferred the accounts into the landlord s name?


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


    Technically all that is true, its his apartment, he's the leaseholder, its his blah blah blah blah pedantic BS.

    Hes moved out, he has a new gaff, the landlord will never see him again after this is all said and done. Better to just get the deposit, get a good reference for being sound as well as a good tenent and move on.

    In what way is it pedantic for someone who has paid rent on a property to expect that they get exclusive use of said property until the tenancy ends? :confused:


  • Registered Users, Registered Users 2 Posts: 2,342 ✭✭✭seagull


    djimi wrote: »
    The problem is that the tenancy has not formally ended, and while the tenancy is still in effect the OP is entitled to privacy and exclusive use of the property. I still used my previous apartment for about a fortnight after I had moved my stuff out while I waited for the notice period to wind down; had the OP being doing the same and had they been coming out of the shower or whatever when the new tenants let themselves in then would you still think that its a nothing issue?

    It could equally well happen the other way round. The OP goes round to check for post and walks in on the new tenant. Best result - polite chat and explanation of the situation. Worst case - new tenant assumes intruder and takes out the baseball bat.


  • Closed Accounts Posts: 1,261 ✭✭✭Baron Kurtz


    He doesn't though does he?
    More whataboutery




    The OP wasn't living there - they were living in their new apartment,
    They called back around to the old place for no reason whatsoever from what I can make out.

    So what if they were still 'entitled' to do something - they had no wish to do any of the things you've gone off on a tangent about.

    This is an issue which has basically zero effect on the OP and some people here are advising him to start looking at his legal options - what a load of ****e,


    I somewhat agree with what you're arguing in terms of it not really having a huge impact in relation to his living arrangement (as he had moved on early), but as per the bold bit - taken under the whole context of what the OP said the effect is a financial one ultimately - as he did stress/make it a condition that he receive a portion of the rent between the 28th and 14th.

    Technically I see his side of it to be correct and just had the landlord not been so deceptive (as it might/does look to people here).

    Notwithstanding the financial issue, I see your point and feel that the OP's stipulation from the off (that he gets a portion returned) to be pre-emptive to a possibility of garnering another 2 weeks plus a deposit, despite the fact that he has moved on and one wouldn't have expected him to pop back to the house to discover what he discovered.


  • Registered Users, Registered Users 2 Posts: 49 Bey0nd


    Just wanted to update people on the latest as this seems to have generated a bit of discussion. I also wanted to address a few questions aimed in my direction!
    What's the issue OP. You've moved before your original lease is up, it seems like your just being a dog in the manger about your previous apartment. Why would you even care if some one else moves into it

    Because me and my partner's names are on the lease up until the 14th December. Therefor we are still under the terms of the lease that we both signed, and still have to abide by all the responsibilities and obligations of that lease. Any gas/heating/electricity used up until the 14th will be taken by direct deposit out of my bank account. We left the apartment with all electronics plugged out and all lights off. When I returned, lights were turned on and electronics plugged in and the gas timer had been adjusted to come on at regular intervals. Out of my pocket.
    You said yourself you were happy to forgoe the extra rent you had paid, but now suddenly this extra rent is a huge issue for you. You've moved out, so move on - I can't image a couple of weeks rent is worth getting yourself stressed and angry.

    We were happy to give up 2 weeks rent while we were still liable for it - up until the 14th December, while our name was still on the lease. If the landlord wanted to move someone else in before that date, then our lease would have to be terminated early so a new lease could be made for the new tenant and the portion of rent we had paid that would no longer be part of our lease returned (this was made quite clear in our offer to the landlord) It was an agreement we made with the landlord. We do not want anyone else piggybacking off rent we have paid. Either somebody is getting 2 weeks rent free (€700) or the landlord is double charging rent for 2 weeks to 2 different lease holders.
    The OP had fully moved out and then for reasons unknown called back around to their old place and noticed someone else had started to move in.
    The OP wasn't living there - they were living in their new apartment,
    They called back around to the old place for no reason whatsoever from what I can make out.

    "Reasons Unknown" are reasons why this is an issue - like I said above, our names were still on the lease so we were still responsible for the apartment. I was checking to make sure it was okay, lights were off, windows closed etc. Like any responsible tenant would.

    Anyway, as an update, I called the landlord who claimed they "misinterpreted" my email. I accused them of selectively misinterpreting it, namedropped Threshold and the PRTB, and they apologised and offered to inform the new tenant that they could not move in until the 14th (this person was in the process of moving in and living there). I didn't want to put out the new tenant, I figured they knew nothing of it, but I also had a feeling the landlord was bluffing so I called their bluff and said "Thanks, please do that" and ended the call. Got a call back in less than hour asking for confirmation of my bank details to transfer 2 weeks worth of rent :)


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Absolutely delighted you got this sorted OP. Well done!


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


    Bey0nd wrote: »
    We left the apartment with all electronics plugged out and all lights off. When I returned, lights were turned on and electronics plugged in and the gas timer had been adjusted to come on at regular intervals. Out of my pocket.

    Id be looking for more than 2 weeks rent returned if this is the case. Gas and electricity isnt free, and you didnt get a chance to take meter readings at the end of the two weeks before the new tenants moved in (I presume?).


  • Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    Result, fair play OP.


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    O also... I hope he's transferring your deposit aswell as the 2 weeks rent! :)


  • Registered Users, Registered Users 2 Posts: 4,719 ✭✭✭Bacchus


    djimi wrote: »
    Id be looking for more than 2 weeks rent returned if this is the case. Gas and electricity isnt free, and you didnt get a chance to take meter readings at the end of the two weeks before the new tenants moved in (I presume?).

    As long as the OP has the meter readings from when they moved out they should be grand. The OP sounds like the kind of sensible person to do such a thing :) I would assume also that the tenancy has been officially switched over at this point and the new tenants are liable for the gas/elec bills. Worth staying on top of though all the same.


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