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Sub-letting a room

  • 20-08-2015 1:06pm
    #1
    Registered Users, Registered Users 2 Posts: 7


    I live in a rented house, and I'm thinking of subletting one of the bedrooms. I've broached this with my landlord, and he has absolutely no problem - he wants zero involvement in the arrangement, all he cares about is that rent continues to be paid on time.

    Where do I even start? What are my responsibilities and what are the sub-lettees rights? Is there maybe a draft contract available somewhere online that I could begin to work from?

    Thanks in advance for any advice, information or experiences.


Comments

  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    They're a licensee in your home. No tenancy involved. They have no rights - but no responsibilities either.

    My tip: Keep all the bills in your name. Figure out an average amount for bills (power, gas, water) and add that on to the rent each week/month. Every so often, eg 3 months, square things up and give them back any overpayment.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    They're a licensee in your home. No tenancy involved. They have no rights - but no responsibilities either.

    My tip: Keep all the bills in your name. Figure out an average amount for bills (power, gas, water) and add that on to the rent each week/month. Every so often, eg 3 months, square things up and give them back any overpayment.

    I'd just stick the bills up on the fridge and divide them up equally as they come in much more transparent and leaves no one people out of pocket. Much easier to track who owes what also.


  • Registered Users, Registered Users 2 Posts: 337 ✭✭campingcarist


    I'd just stick the bills up on the fridge and divide them up equally as they come in much more transparent and leaves no one people out of pocket. Much easier to track who owes what also.
    And if the lodger leaves shortly before the bills arrive? Once when I was a lodger with 2 others plus the landlord, one lodger left to return to his homeland but had somehow managed to increase the electric bill by nearly 100%.


  • Registered Users, Registered Users 2 Posts: 22 paric


    I live in a rented house, and I'm thinking of subletting one of the bedrooms. I've broached this with my landlord, and he has absolutely no problem - he wants zero involvement in the arrangement, all he cares about is that rent continues to be paid on time.

    Where do I even start? What are my responsibilities and what are the sub-lettees rights? Is there maybe a draft contract available somewhere online that I could begin to work from?

    Thanks in advance for any advice, information or experiences.
    I have decided to the exact same can you tell me what the process is?
    I will charge 100 a week which includes bills and a weekly clean, towels, bedding and breakfast
    Do I ask for one months rent in advance €400 and when they move in in September have the rent paid weekly from the first week they are in situ. September 7th €100
    Or
    Do I ask for security deposit of €400 and one months rent in advance and start the rent October 1st collected weekly?
    Thanks in advance


  • Registered Users, Registered Users 2 Posts: 22 paric


    I saw this on threshold site
    If you rent out a room in your home, you are not covered by landlord and tenant legislation. This means that you are not obliged to register as a landlord with the Private Residential Tenancies board (PRTB), provide a rent book to the tenant or ensure that the accommodation provided meets any minimum physical standards.

    This also means that private tenants living in your home are living under alicensee agreement,not a tenancy agreement, and are really only entitled to reasonable notice if you choose to terminate the agreement. Tenants can, however, refer disputes to the Small Claims Court.


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  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    paric wrote: »
    I have decided to the exact same can you tell me what the process is?
    I will charge 100 a week which includes bills and a weekly clean, towels, bedding and breakfast
    Do I ask for one months rent in advance €400 and when they move in in September have the rent paid weekly from the first week they are in situ. September 7th €100
    Or
    Do I ask for security deposit of €400 and one months rent in advance and start the rent October 1st collected weekly?
    Thanks in advance

    Wait, why would you make their breakfast and wash their towels and sheets? It's a sublet, not a b&b!

    If you want 400 per month, have them pay 400 per month, in advance, and a 400 euro deposit. So, 800 upfront, 400 given back at the end of their stay once they haven't caused any damage. Any damage they may cause can be deducted from the deposit once you provide receipts


  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    paric wrote: »
    I will charge 100 a week which includes bills and a weekly clean, towels, bedding and breakfast

    This sounds like a guesthouse, not someone renting a room

    Let them sort their own breakfast
    Provide towels and bed linen if it makes sense, but let them wash them themselves
    Don't clean their room for them, they're not 6.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    And if the lodger leaves shortly before the bills arrive? Once when I was a lodger with 2 others plus the landlord, one lodger left to return to his homeland but had somehow managed to increase the electric bill by nearly 100%.

    Keep their deposit.


  • Registered Users, Registered Users 2 Posts: 7 I am just me


    Thank you for the replies.

    So would I be right in saying that if I'm to draft up a contract, I'd be looking at one more in line with an owner-occupier contract rather than a tenancy contract?

    I expect to charge rent on a monthly basis. As far as I remember with owner-occupiers, neither the owner nor the tenant needs to give notice when ending the tenancy. However if I included a 30-day notice period for either party on the contract, would this be binding?

    I assume it's OK for me to expect references and a months deposit?

    I've currently the room up on Daft at (or even slightly above) the current market rate in the area. No interest yet, but it's only been up a couple of days and with no photos yet, and I'm not planning on having anyone in for a few weeks, so I'll probably end up reducing the price nearer the time. Just wondering as a general rule, will people expect to pay less than market rent considering it's a sublet? I know from my own experience, I'd expect to pay less rent to an owner occupier, just wondering if it's the same in the case of a sublet.

    Do I need to worry about insurance at all, or are there any other responsibilities that I need to be aware of that I wouldn't usually have as a normal tenant? It crossed my mind because I did get one reply from a single parent wanting to move in with her two kids; I wouldn't be happy with three people moving in but might consider a single parent with one child (I'm a single parent myself.) Then it occurred to me that if someone's child had an accident while in the house, I wonder if I could be held liable at all? The house isn't childproofed, but I guess that's not really relevant, because the situation could equally arise if an adult got injured somehow in the house.

    Should I get the landlord to sign a document stating that they're happy for me to sublet? I have texts from him confirming it; will this be enough should any dispute arise in the future? I've been living here a couple of years and have a great relationship with the landlord - i.e. I don't bother him and he doesn't bother me - however I'm pretty sure the tenancy is not entirely above board, e.g. I'm pretty sure it's not registered with PRTB and I wouldn't be surprised if he isn't paying tax on the income, he's very much an accidental landlord rather than a professional. I don't really care about this to be honest as I'm very happy in the house and the rent is low, however I'm wondering if any of this could come back to bite me in the ass if I take in a subtenant.

    Sorry for all the questions, and I appreciate any advice! Maybe I'm over-anxious about it but I've never been in this position before. Financially the only way I can stay in the house is if I go ahead with this, but I just want to make sure I do it as "right" as possible.


  • Registered Users, Registered Users 2 Posts: 7 I am just me


    One more question, I assume I'm not going to be liable for any taxes in relation to this? I mean it's not like I'm making any profit on the arrangement, the rent I'm receiving will be paid on to the landlord each month ...


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  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    Thank you for the replies.

    So would I be right in saying that if I'm to draft up a contract, I'd be looking at one more in line with an owner-occupier contract rather than a tenancy contract?

    I expect to charge rent on a monthly basis. As far as I remember with owner-occupiers, neither the owner nor the tenant needs to give notice when ending the tenancy. However if I included a 30-day notice period for either party on the contract, would this be binding?

    Don't do up any contract as it will most likely only give the person rights (or make them think they have rights) which they are not entitled to.

    I'd play down the whole subletting element, say it's a houseshare and you are filling the room as someone moved out and that the rent is paid to you and you pay the LL. Anyone used to housesharing won't be surprised there is no contract (I've never signed anything in any houseshare I've been in) and they will expect it to be 30 days notice to move out as again this is pretty standard for houseshares.
    One more question, I assume I'm not going to be liable for any taxes in relation to this? I mean it's not like I'm making any profit on the arrangement, the rent I'm receiving will be paid on to the landlord each month ...

    I'd be looking on it as you are just passing on their rent to the LL rather than paying you. Another good reason to have no contract or anything in writing to say they are subletting as technically you should be making a tax return if you are being paid (though it's tax free up to 12k under the rent a room scheme).


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