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Eviction notice + Leaving early

ohthistime

Hi All,

Landlord let us know they will be moving back into the house - we were given 6 months notice

We have been told that if one of us moves out earlier than the end date, the rest will be liable to cover their rent (We are also not able to get a short term let in)

Does this seem accurate?

Thanks

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meijin

do you have one lease that covers everyone in the house?

or each person rents a room directly from the landlord?

why are you not able to get someone in on short term let?

MakersMark

You can just not pay it...nothing the landlord can effectively due in 6 months.

ohthistime

https://www.boards.ie/discussion/comment/118815591#Comment_118815591

I signed no lease / contract / tenancy when I moved in - neither did the other girls. This is the only time I have been in any contact with the landlord since I moved in (one year ago)

We were told we cannot get a short term let in as in would not be appropriate as they require the house back in less than 6 months and have already served notice.

MakersMark

They can't make that stipulation.

pleasant Co.

But if you don’t pay the rent, they might evict you…oh…wait…

Ray Palmer

Really simple here. The rent is for the entire property not an individual basis. As a group you are responsible for the ENTIRE rent. If somebody moves out before the end they should continue paying the rent they are obliged to pay. If the person leaving is refusing to pay the remaining group have to cover the rent but can bring a small court claim against that person.

As the idea of a short term let, who wants to stay such a brief time? They can't stop a short term lease as such but they don't have to accept who you find.

This is where you stand legally but I am sure others will mention the lack of enforcement.

Fian

https://www.boards.ie/discussion/comment/118817523#Comment_118817523

However you are entitled to replace someone who leaves, you must obtain the consent of the landlord but if that is unreasonably withheld you are entitled to terminate the lease.

Landlord's realistic concern should really be that you will actually leave at the end of the notice period, not whether they can make sure they eke out every last day of rent before they regain possession.

Did you get a written notice, in the prescribed form, for the prescribed period? Was it accompanied by a statutory declaration witnessed by a solicitor?

If not the notice is invalid and you will have all the leverage. You are entitled to 120 days notice after you have been in situ for 1 year, 180 days after 3 years.

Here is the prescribed form of written notice:

https://www.rtb.ie/images/uploads/general/Sample_NoT_-_Own_Occupation_0720.docx

MakersMark

https://www.boards.ie/discussion/comment/118817523#Comment_118817523

Have you seen their rental contract?

JimmyVik

https://www.boards.ie/discussion/comment/118817726#Comment_118817726

They dont have one.

Ray Palmer

https://www.boards.ie/discussion/comment/118817726#Comment_118817726

The law changed you don't need a rental agreement as you get a standard set of rights and obligations

MakersMark

https://www.boards.ie/discussion/comment/118817743#Comment_118817743

Yeah.. but that doesnt include a forced Joint and Severally liable clause.

The landlord is on shaky ground here.

wench

https://www.boards.ie/discussion/comment/118815872#Comment_118815872

Do you each pay the landlord your portion directly, or does one person collect all the rent and pay it in one go?

Ray Palmer

https://www.boards.ie/discussion/comment/118817758#Comment_118817758

Let's assume they are registered tenants and then they are no longer on shaky ground at all. Instead of trying to find a loop hole you could acknowledge that as adults that it is completely reasonable to expect full rent for a property whether your room mate moves out or not.

The issue is with the person moving out not the landlord

Gael23

I think a decent landlord would be reasonable here. He is asking you to leave so if you fund alternative housing that meets your needs why would he block you taking it

Ray Palmer

https://www.boards.ie/discussion/comment/118817806#Comment_118817806

Reasonable is they all move out at the same time not in dribs and drabs. He can't move back while they are still there and they have full use of the place while the landlord doesn't. Totally different to letting them leave early

Say if the landlord is renting themselves and has to fund his rent while they stay paying less

Always odd how tenants want all the rights and none of the obligations. The rent is for the entire place and the tenants are obliged to pay it. Their issue is with the person leaving and not paying the rent due

JimmyVik

I agree. You are either giving back the house or you are not. Until it is given back then the house commands the full rent payable.

growleaves

Be careful taking what posters say here as the final word. They themselves are landlords and feel landlords as a class are hard done by, never miss a chance to say so, and it seems to colour all their thoughts.

You have no contract to pay the entire rent for the house and are now expected to pay the rent of a departed tenant? That seems like an ambivalent situation to me.

Get proper advice. Don't trust this dodgeball forum.

Ray Palmer

https://www.boards.ie/discussion/comment/118818321#Comment_118818321

Can you explain why somebody in control of a property should not pay full rent?

It is the people leaving that should continue to pay the rent that is the point

irelandrover

https://www.boards.ie/discussion/comment/118818335#Comment_118818335

They dont have control of the property. If they had control then they could take someone in for the few months to cover the shortfall.

the landlord is putting restrictions in place yet still demanding full payment.

Ray Palmer

https://www.boards.ie/discussion/comment/118818359#Comment_118818359

Not how it works I am afraid. You misunderstand what under control means. They are in possession which mean under their control. Tenants do not have the right to move people in and out as they choose. Who is going to want to move in for a couple of months? How long will it take them to find them?

The landlord is not putting in restriction they exist as part of the rules. The group of people rent the property they as a whole are responsible for the rent. Landlords are in no way obliged to sort out the dynamic and agreements within that group. Rent is for the property and the group are responsible. One othat group doesn't pay the remaining group must pay the shortfall and then they can go after the non payments on the individual. That is how the law works even without a contract.

This is the adult world where somebody pays and the view the landlord should doesn't make any sense to me. Can you explain how they should given the group agreed to rent the entire property and not a room from the landlord. Do you think that would work in a hotel or restaurant?

JimmyVik

https://www.boards.ie/discussion/comment/118818321#Comment_118818321

Im not a landlord but i try to look at things from everyones point of view.

Its attitudes like yours that going to get house shares regulated and over priced.

People should respect one anothers right to their properties.

In this case the OP doesnt want to give the house back for 6 months but wants the landlord to be paid a fraction of the value for that time.

irelandrover

https://www.boards.ie/discussion/comment/118818402#Comment_118818402

If the group agreed to rent the entire property then they should pay for the entire property. They should also be allowed to propose a replacement tenant yet the landlord is refusing this.

However can you show where the OP has stated that they agreed to rent the entire property and that they dont just rent a room? You have no idea on the actual conditions the OP rents under yet are fully confidant that what you say is correct.

growleaves

https://www.boards.ie/discussion/comment/118818409#Comment_118818409

I haven't said what you've ascribed to me. I've said it seems an ambivalent situation and to seek proper advice.

No I'm not driving higher prices and forcing LLs out of the market. Legislators are doing that, write to your TDs maybe?

My attitude is that when posters interweave advice to tenants with rants about how tenants have too many rights, don't want to take responsibility etc that's a major red flag.

Bringing grievances about how it's a hard knock life for LLs into *every* thread - including threads where tenants are asking for advice on their own personal situation - is socially un-aware and makes it seem like an obsession.

Ray Palmer

https://www.boards.ie/discussion/comment/118818439#Comment_118818439

By moving in together they made that agreement whether you want to believe that or not. They changed the law so after 6 months the rules apply regardless of contract.

As I said who wants to move in short term? Where will they get them? How will the vet them? Afte six months the tenant has rights so it would always have to be shorter than 6 months.

The tenants still have to give a full valid notice just like a landlord. No mention of any kind of notice from the tenants

Is your only stumbling block the fact the landlord won't accept a short term tenant? If that was not an issue you would agree full rent is due?

Do you think it would be a fair situation for tenants and landlords that any time the correct notice is given on a shared place that some random person can be moved in to the place so that one tenant can avoid their financial responsibilities?

melekalikimaka

https://www.boards.ie/discussion/comment/118818478#Comment_118818478

there is nothing "ambivalent " about obligations

AustinLostin

https://www.boards.ie/discussion/comment/118818513#Comment_118818513

There actually is - basically why civil courts exist....

JimmyVik

https://www.boards.ie/discussion/comment/118818478#Comment_118818478

So many people dont understand how rental supply got so low and how rents got so high.

If we keep going around the merry go round its only higher that rents will go.

irelandrover

https://www.boards.ie/discussion/comment/118818499#Comment_118818499

Ill make this a bit more clear. If they agreed as a group to rent the entire property then they should pay for the entire property. If one moves out then they should have the option of replacing them.

You seem to be presuming that in this case everyone in the house moved in together and agreed to rent the entire place. I see nowhere this mentioned. All I see is the OP said this.

I signed no lease / contract / tenancy when I moved in - neither did the other girls. This is the only time I have been in any contact with the landlord since I moved in (one year ago)

We were told we cannot get a short term let in as in would not be appropriate as they require the house back in less than 6 months and have already served notice.

if they moved in as a group i would expect them to say "when we moved in".

Your posts are correct if they all moved in as a group and agreed to be jointly and severely liable for the whole rent. But i do not see how you can say that is definitely the case in this situation based on the info provided.

growleaves

https://www.boards.ie/discussion/comment/118818617#Comment_118818617

I don't disagree with your analysis overall.

I'm asking why you spam every thread with it and is that appropriate or helpful?

You seem to think that any tenant picked at random bears the responsibility for onerous pro-tenant legislation.

Are you aware that Noel Ahern TD (FF) co-authored the Residential Tenancies Act 2004? Does this information mean anything to you?

Ray Palmer

https://www.boards.ie/discussion/comment/118818618#Comment_118818618

The minute they moved in they became part of a group. Nothing to do with if they moved in at the same time. That is where you are failing to understand. When you move in to a shared place you are agreeing to be jointly responsible.

I point to where I asked you questions about the fairness on tenants and landlords with random people moving in. I am answering you and you are not answering the questions I put to you. Could you do me the courtesy of fully replying to the questions I asked you so I can understand what you are saying?