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Leaving due to noise

  • 16-07-2014 12:59am
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi there,
    I have been living in a large house with several other tenants for the last 11 months, since the start of summer a few have left and subletted their rooms. Two months ago my partner took a subletted room in the house and we have been forced to leave since due to excessive noise, general lack of respect and things being stolen.
    The problem is my name is on the lease for another month and I dont feel comfortable subletting the room to someone else only for them to have to endure the noise also. Am I entitled to break my lease or is it my responsibility to pay the rent regardless of the behaviour in the house?
    I have the same question for my partner, is he entitled to leave his sublet? He has signed no lease and yet the housemates are saying its his responsibility to rent it out.
    Thanks!


Comments

  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Noise is not a valid reason for leaving- I would complain to the landlord in the first instance about it.

    With respect of your partner- he has no lease, he is not even subletting- he is probably living there under license, though even this is not clear- if the landlord is not expressly aware of his habitation- he could be tresspassing in law. And no, he is under no obligation whatsoever to find someone to take his room.

    Get your deposits back- and get the hell out of there. What you're describing is all too common an occurrence when sublets happen.

    In the first instance- talk to the landlord- and make him abundantly clear of the situation- and the fact that you expect your deposit back in full (providing you haven't damaged anything).

    Unless there is a break clause in the lease- you are liable for the entire period- however, the landlord has obligations towards you too- and allowing people to sublet to unsuitable people- could be argued to have voided any agreement you have- though it would probably go to adjudication.

    Talk to the landlord in the first instance- but don't agree to do anything you're not happy to do (aka- none of this- I'll talk to them and you give them another chance bullcrap- leopards don't change their spots).


  • Registered Users, Registered Users 2 Posts: 3 needsleep


    Thanks so much for the advice, we're writing to him now to get permission for me to sublet and see if he can do something about the noise makers, ill be checking up on whoever rents my room periodically and ill be going straight to the landlord again if there are no changes.
    Again thanks so much for the advice, spent hours on google and couldnt figure out a thing!


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


    needsleep wrote: »
    Thanks so much for the advice, we're writing to him now to get permission for me to sublet and see if he can do something about the noise makers, ill be checking up on whoever rents my room periodically and ill be going straight to the landlord again if there are no changes.
    Again thanks so much for the advice, spent hours on google and couldnt figure out a thing!
    When a tenant sub-lets to another person, the tenant (known as the head tenant) vacates the property and becomes the landlord of that other person. The head tenant retains his lease agreement with his landlord who is probably the owner of the property.

    If a tenant vacates and finds a replacement tenant who takes over the lease, the tenant passes all the lease agreement responsibilities to the replacement tenant.

    If a tenant remains living in the property a lets a room to someone, the tenant becomes a live-in landlord and the occupant is a lodger or licensee.

    Which is the situation that you have, OP, as "sub-let" is used incorrectly, all too frequently, by people on forums?

    All of the above cases require the (usually written) agreement of the landlord (owner) of the property.


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