Ex-housemate refusing to pay bills

herisson

Hi All

A housemate moved out the end of March. She agreed that she would pay the bills when they came in and that she would get her deposit back. We were under assumption that she would get it back as she had given a months notice and had advertised the room. The landlord told her to take the as down that he would advertise it.

We still dont have someone in at the moment. He informed us that she would not be getting her deposit back as she broke her lease. She moved out 3 months into a years lease and had not gotten anyone in.

There are bills left that she needs to pay. Its totally at near €100. She refuses to pay these. She has not explicitly said this, rather she has ignored any contact from us.

We have said this to our landlord and he keeps telling us the bills are none of his concern and that we need to be persistent with her and that he doesn't deal with household problems. He says its not his right to take her share of bills out of her deposit that he is keeping, that the bills are nothing to do with him.

Myself and the housemates are wondering what our rights are? Can he does this? At the moment we are considering changing our rent to minus the amount she owes us.

Thanks.

Greenmachine

My understand is that a tenant can reassign their lease but can only do that with the landlords permission. Otherwise there would be no point in choosing who you rent your house to. Did each tenant have their own lease, or was it a shared lease, a number of names on the same lease. Does the landlord live in the house, that would leave you with even less rights again. Has the landlord placed the ad arranged viewing etc. I think the landlord should be showing the house, making reasonable efforts to find a new tenant and you should accommodate this. My feeling however is that you will have to pursue your housemate for money owed for bills.

foggy_lad

The Landlord has prevented the ex tenant from reassigning the lease so therefore is not able to keep the deposit. You could get in touch with the ex tenant and help get the deposit back on condition that the bills are paid from it!

@Greenmachine the landlord does have to agree to the reassignment of the lease but if he does not then is unable to keep the deposit or seek payment of rent for the remainder of the lease period as the tenant has been prevented from minimising the loss.

herisson

Greenmachine wrote: »

My understand is that a tenant can reassign their lease but can only do that with the landlords permission. Otherwise there would be no point in choosing who you rent your house to. Did each tenant have their own lease, or was it a shared lease, a number of names on the same lease. Does the landlord live in the house, that would leave you with even less rights again. Has the landlord placed the ad arranged viewing etc. I think the landlord should be showing the house, making reasonable efforts to find a new tenant and you should accommodate this. My feeling however is that you will have to pursue your housemate for money owed for bills.

Hi Green machine

We each have our own lease. He doesn't live in the house.
He has put an as up but he hasn't contacted us with an viewings. Usually we are the ones who view the house. He doesn't hge just tells us when there is a viewing and asks if anyone is home. We are the ones to show the house etc.

herisson

foggy_lad wrote: »

The Landlord has prevented the ex tenant from reassigning the lease so therefore is not able to keep the deposit. You could get in touch with the ex tenant and help get the deposit back on condition that the bills are paid from it!

@Greenmachine the landlord does have to agree to the reassignment of the lease but if he does not then is unable to keep the deposit or seek payment of rent for the remainder of the lease period as the tenant has been prevented from minimising the loss.

See the problem is she refuses to speak to any of us. Even if we offered her help she won't respond.

We wanted to take her share out of her deposit. Before she found out she wasn't said she was getting her deposit back she said taking it out of the deposit would be a good idea. but this is where the landlord refuses and tells us the bills are nothing to do with him. Leading us to contact her time and time again.

Greenmachine

foggy_lad wrote: »

The Landlord has prevented the ex tenant from reassigning the lease so therefore is not able to keep the deposit. You could get in touch with the ex tenant and help get the deposit back on condition that the bills are paid from it!

@Greenmachine the landlord does have to agree to the reassignment of the lease but if he does not then is unable to keep the deposit or seek payment of rent for the remainder of the lease period as the tenant has been prevented from minimising the loss.

Not sure if I am taking you up wrong or I am lacking in understanding, a bit on the rules. Are you saying that I can break a lease, provided I offer to find a new tenant. Do I actually have to find the tenant or simply offer to find one. Are there defined reasonable efforts required, such as listing an ad and showing the place around.
Maybe the landlord has been a bit of a cute hoor asking the ex-tenant to remove the ad. I do think whatever the legal standpoint would be, a tenant putting in the effort, to find a suitable tenant, should be accommodated. I would only expect a landlord to hold onto the deposit if he was left out of pocket. In this case nobody has moved in, so not sure how long the room has been empty.

Michael D Not Higgins

Greenmachine wrote: »

Not sure if I am taking you up wrong or I am lacking in understanding, a bit on the rules. Are you saying that I can break a lease, provided I offer to find a new tenant. Do I actually have to find the tenant or simply offer to find one. Are there defined reasonable efforts required, such as listing an ad and showing the place around.
Maybe the landlord has been a bit of a cute hoor asking the ex-tenant to remove the ad. I do think whatever the legal standpoint would be, a tenant putting in the effort, to find a suitable tenant, should be accommodated. I would only expect a landlord to hold onto the deposit if he was left out of pocket. In this case nobody has moved in, so not sure how long the room has been empty.

You can reassign your lease to a suitable tenant to replace you. Under the official re-assignment, the new tenant takes up the obligations of the lease and you are discharged of any obligations. This only takes place when a new tenant is found and has moved in.

If you request to assign your lease and the landlord refuses, then you may serve notice in keeping with the notice periods to terminate the lease.

Greenmachine

Michael D Not Higgins wrote: »

You can reassign your lease to a suitable tenant to replace you. Under the official re-assignment, the new tenant takes up the obligations of the lease and you are discharged of any obligations. This only takes place when a new tenant is found and has moved in.

If you request to assign your lease and the landlord refuses, then you may serve notice in keeping with the notice periods to terminate the lease.

In this case the lease has not been reassigned. The question, then is whether this is because the guy moving out was instructed to remove the ad.

Michael D Not Higgins

Greenmachine wrote: »

In this case the lease has not been reassigned. The question, then is whether this is because the guy moving out was instructed to remove the ad.

On the information from the OP we can't deduce whether the landlord refused an assignment or whether there was a discussion between them and it was agreed the landlord would re-advertise.

This is irrelevant however. The matter of bills and the matter of the deposit are separate. The old tenant owes the housemate for bills and the landlord (potentially) owes the old tenant for deposit but neither are related to each other.

It would be like saying someone doesn't owe the bank for their mortgage because the tenant still owes the rent.

Greenmachine

Michael D Not Higgins wrote: »

On the information from the OP we can't deduce whether the landlord refused an assignment or whether there was a discussion between them and it was agreed the landlord would re-advertise.

This is irrelevant however. The matter of bills and the matter of the deposit are separate. The old tenant owes the housemate for bills and the landlord (potentially) owes the old tenant for deposit but neither are related to each other.

It would be like saying someone doesn't owe the bank for their mortgage because the tenant still owes the rent.

I am entirely in agreement with you that they are completely separate. Housemate are, just stuck in the disagreement with the landlord and the ex tenant.

cruizer101

Whose name is on the bills, is it landlord or one of housemates.