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Moving apartments, advice needed!

  • 29-05-2019 9:31pm
    #1
    CuriousCat!
    Registered Users Posts: 9 ✭


    I'm hoping someone can help me.

    So this time last year I found a place to rent in Dublin. I thought everything was above board but it turned out the room was sub leased to me without the landlord's knowledge or permission on the basis that the other tenants didn't want to risk a renegotiation of the lease/rent price. Now I want to leave the apartment, I have another place lined up meaning that I'd be moving out June 1st which would mean I'd have to pay rent on two rooms at the same time.

    Am I able to leave without any notice given that a lease was never signed or am I liable to give notice?

    Thanks in advance.


Comments

  • #2
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    If you are giving rent each month to the lead tenant rather than the landlord, you are a licensee rather than a tenant, you can leave tonight if your want. But if you have given a deposit, they may try to keep it.


  • #3
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    CuriousCat! wrote: »
    I have another place lined up meaning that I'd be moving out June 1st which would mean I'd have to pay rent on two rooms at the same time.
    How much do you lose from the deposit compared to the months rent, and as you're only subletting, what do you really think the chances of getting said deposit back will actually be?


  • #4
    CuriousCat!
    Registered Users Posts: 9 ✭CuriousCat!


    the_syco wrote: »
    How much do you lose from the deposit compared to the months rent, and as you're only subletting, what do you really think the chances of getting said deposit back will actually be?

    Apologies, I should have mentioned that I never had to pay a deposit.


  • #5
    CuriousCat!
    Registered Users Posts: 9 ✭CuriousCat!


    Dav010 wrote: »
    If you are giving rent each month to the lead tenant rather than the landlord, you are a licensee rather than a tenant, you can leave tonight if your want. But if you have given a deposit, they may try to keep it.

    I believe I pay the landlord but they never let him know that I replaced the other tenant who was on the lease.


  • #6
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    CuriousCat! wrote: »
    I believe I pay the landlord but they never let him know that I replaced the other tenant who was on the lease.

    What I am asking is, do you give your rent to the other tenant or directly to the landlord? Do you pay it directly into the LLs bank account?


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  • #7
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    CuriousCat! wrote: »
    I believe I pay the landlord but they never let him know that I replaced the other tenant who was on the lease.
    Typically, only tenants pay directly into the LL's account.

    If you paid no deposit, and are getting moved out, what stops you from moving out of the current place before you pay the months rent?


  • #8
    CuriousCat!
    Registered Users Posts: 9 ✭CuriousCat!


    Dav010 wrote: »
    What I am asking is, do you give your rent to the other tenant or directly to the landlord? Do you pay it directly into the LLs bank account?

    Yes I pay it directly to the landlord. I don't think the landlord knows of the change of tenant and hasn't registered me with RTB.


  • #9
    CuriousCat!
    Registered Users Posts: 9 ✭CuriousCat!


    the_syco wrote: »
    Typically, only tenants pay directly into the LL's account.

    If you paid no deposit, and are getting moved out, what stops you from moving out of the current place before you pay the months rent?

    Yeah that's my current thinking!


  • #10
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    CuriousCat! wrote: »
    Yes I pay it directly to the landlord. I don't think the landlord knows of the change of tenant and hasn't registered me with RTB.

    LL doesn’t need to register you with the RTB, the tenancy in the property is registered, probably in the lead/original tenants name.

    If you took over the room when someone else moved out, that person assigned their portion of the tenancy, so you are bound by tenancy legislation.

    If the person who left and you replaced was a signatory on their own separate lease, then you are liable for the rent until the statutory notice period is up. On the other hand, if the lead tenant is the only tenant on the lease, they are joint and severely liable for the rent.

    Put simply, give a weeks notice and see what hapoens.


  • #11
    CuriousCat!
    Registered Users Posts: 9 ✭CuriousCat!


    Dav010 wrote: »
    LL doesn’t need to register you with the RTB, the tenancy in the property is registered, probably in the lead/original tenants name.

    If you took over the room when someone else moved out, that person assigned their portion of the tenancy, so you are bound by tenancy legislation.

    If the person who left and you replaced was a signatory on their own separate lease, then you are liable for the rent until the statutory notice period is up. On the other hand, if the lead tenant is the only tenant on the lease, they are joint and severely liable for the rent.

    Put simply, give a weeks notice and see what happens.


    Doesn't assignment of a lease to a third party require the landlord's permission though as I'm fairly certain they never cleared it with the landlord.


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  • #12
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    CuriousCat! wrote: »
    Doesn't assignment of a lease to a third party require the landlord's permission though as I'm fairly certain they never cleared it with the landlord.

    A lot of tenants just go one-out-one-in and the LL isn’t bothered as long as rent keeps coming in. Even if the LL doesn’t know, if the previous tenant assigned to you, you take on their responsibility under the lease.


  • #13
    Mrs OBumble
    Registered Users Posts: 25,666 ✭✭✭✭Mrs OBumble


    Dav010 wrote: »
    A lot of tenants just go one-out-one-in and the LL isn’t bothered as long as rent keeps coming in. Even if the LL doesn’t know, if the previous tenant assigned to you, you take on their responsibility under the lease.

    But do you really?

    In practice, you fulfil their obligations.

    But as far as the paperwork is concerned - and as far as the LL knows - the person who signed the individual lease in the one who is liable.

    In this case, if the OP moves out and doesn't pay, the LL won't even know who s/he is, far less where to find him. The other housemates aren't going to tell (unless they're unusually thick) because this would mean admiting that they've had a non-approved person living there. The person who the LL will (should, anyways) pursue is the lease-signer.


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