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My flatmate is moving out

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  • 06-04-2021 8:24am
    #1
    yadott
    Registered Users Posts: 5 ✭


    Hi my flatmate is moving out. He and the landlord only got 25 days notice and the landlord said that from next month I have to pay the full rent myself. Is that right?. We are in a lockdown and i can't look for another room
    I am not in the lease only my actual flatmate is in the lease. I pay the rent to the landlord bank account.
    Thanks


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    #2
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    No you wouldn't be responsible for full but could you get another in?

    Were you brought in by LL or Tennant previous?


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    #3
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    punisher5112 wrote: »
    No you wouldn't be responsible for full but could you get another in?

    Were you brought in by LL or Tennant previous?

    If he is named on the lease he is jointly liable. He would need to get some one in to replace the outgoing tenant. if he cant he will owe the full rent.


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    #4
    yadott
    Registered Users Posts: 5 ✭yadott


    The tenant was the one that brought me in
    The landlord said i only can replace him with a friend I only have 25 days to look for someone. I am leaving in this apartment since december 2018 I think they supossse to give me more than 25 days notice


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    #5
    meijin
    Registered Users Posts: 1,252 ✭✭✭meijin


    godtabh wrote: »
    If he is named on the lease he is jointly liable.

    he said he's not on the lease


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    #6
    meijin
    Registered Users Posts: 1,252 ✭✭✭meijin


    yadott wrote: »
    The tenant was the one that brought me in
    The landlord said i only can replace him with a friend I only have 25 days to look for someone. I am leaving in this apartment since december 2018 I think they supossse to give me more than 25 days notice

    Looks like at the moment you might be a licensee of the tenant that is leaving, and really have no rights at all.

    Did you make any direct agreement with the landlord? Did you pay the deposit to the LL or the other tenant? You said you were paying rent directly to the LL. All the time since the start? Just your part, or a total for both of you?

    I guess you have few options
    - claim to be a licensee and move out
    - get your name on the lease to have it formalised, and continue with the tenancy - then you will have full responsibility for the rent being paid, and for finding another person to share
    - if you were paying directly to the LL just for your room, you can claim that you have a tenancy just for your room, not for the whole house.


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    #7
    Mimon
    Registered Users Posts: 1,474 ✭✭✭Mimon


    meijin wrote: »
    Looks like at the moment you might be a licensee of the tenant that is leaving, and really have no rights at all.

    Did you make any direct agreement with the landlord? Did you pay the deposit to the LL or the other tenant? You said you were paying rent directly to the LL. All the time since the start? Just your part, or a total for both of you?

    I guess you have few options
    - claim to be a licensee and move out
    - get your name on the lease to have it formalised, and continue with the tenancy - then you will have full responsibility for the rent being paid, and for finding another person to share
    - if you were paying directly to the LL just for your room, you can claim that you have a tenancy just for your room, not for the whole house.

    Makes total sense if a licencee to become a tenant if the OP has the opportunity.

    In this climate, surely easy to advertise and get someone in within 25 days.


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    #8
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    meijin wrote: »
    he said he's not on the lease

    I read that wrong so.


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    #9
    Vestiapx
    Registered Users Posts: 986 ✭✭✭Vestiapx


    How long was flatmate there?


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    #10
    yadott
    Registered Users Posts: 5 ✭yadott


    he is 5 years and me 2 years living with him


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    #11
    yadott
    Registered Users Posts: 5 ✭yadott


    I paid half of the rent to the landlord bank account since april 2020 before the coronavirus we paid in cash to the landlord
    I paid the deposit to the other flatmate


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    #12
    yadott
    Registered Users Posts: 5 ✭yadott


    more than 5 years


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    #13
    philadvalorem
    Registered Users Posts: 6 ✭philadvalorem


    call Threshold 1800 454 454


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    #14
    Vestiapx
    Registered Users Posts: 986 ✭✭✭Vestiapx


    yadott wrote: »
    I paid half of the rent to the landlord bank account since april 2020 before the coronavirus we paid in cash to the landlord
    I paid the deposit to the other flatmate

    Well then the flatmate has given insufficient notice. They should have givent 84 days and so it's between them and the landlord till the 84 days is up. Also clarify with the landlord re your deposit.


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    #15
    ted1
    Registered Users Posts: 23,310 ✭✭✭✭ted1


    yadott wrote: »
    I paid half of the rent to the landlord bank account since april 2020 before the coronavirus we paid in cash to the landlord
    I paid the deposit to the other flatmate

    Honestly just keep paying your 1/2, let the landlord look for a new tenant or let the old tenant reassign the leases. I’m sure you agreed to rent a room for x amount. You didn’t reply to an ad that advertised the full apartment

    The old tenant should be paying till the correct notice period expires. Or the place is reassigned


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    #16
    B.A._Baracus
    Registered Users Posts: 11,178 ✭✭✭✭B.A._Baracus


    yadott wrote: »
    Hi my flatmate is moving out. He and the landlord only got 25 days notice and the landlord said that from next month I have to pay the full rent myself. Is that right?. We are in a lockdown and i can't look for another room
    I am not in the lease only my actual flatmate is in the lease. I pay the rent to the landlord bank account.
    Thanks

    Hey op.
    Let's call a spade a spade here. Your landlord is gonna be down 800 euro a month (or whatever the rent is) and he's chancing his arm hoping you'll be a push over and pay the other half until someone else moves in.

    Fact is you did not take on the lease all by yourself and moved someone else in the cover half. Of course he'd love if you did pay it all. Especially with Corona going on it'll be harder to move someone in.

    So stand your ground.


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    #17
    Dav010
    Registered Users Posts: 14,070 ✭✭✭✭Dav010


    Op, why did you pay deposit to the other flatmate? Was someone else’s interest in the lease being assigned to you when they left and you took their place?
    yadott wrote: »
    I paid half of the rent to the landlord bank account since april 2020 before the coronavirus we paid in cash to the landlord
    I paid the deposit to the other flatmate


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    #18
    Xterminator
    Registered Users Posts: 4,718 ✭✭✭Xterminator


    B.A._Baracus wrote: »
    Hey op.


    Fact is you did not take on the lease all by yourself and moved someone else in the cover half. Of course he'd love if you did pay it all. Especially with Corona going on it'll be harder to move someone in.

    So stand your ground.

    funny how yur spade only has one side.

    OP is not a tenant and can be asked to move out with no notice. But landlord s throwing him a bone.

    He either moves out, or negotiates with landlord. he cannot 'stand his ground' as he doesnt have any ground to stand on. he is a licensee.


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    #19
    Dav010
    Registered Users Posts: 14,070 ✭✭✭✭Dav010


    Xterminator wrote: »
    funny how yur spade only has one side.

    OP is not a tenant and can be asked to move out with no notice. But landlord s throwing him a bone.

    He either moves out, or negotiates with landlord. he cannot 'stand his ground' as he doesnt have any ground to stand on. he is a licensee.

    Op has been paying rent to the LL, who doesn’t live there apparently, is there a reason you think he/she is a licensee?


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    #20
    Xterminator
    Registered Users Posts: 4,718 ✭✭✭Xterminator


    I am not in the lease only my actual flatmate is in the lease.

    OP's original post.


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    #21
    Dav010
    Registered Users Posts: 14,070 ✭✭✭✭Dav010


    Xterminator wrote: »
    OP's original post.

    Leases don’t have to be written.

    I think the answer to why the op paid the deposit to the flatmate is the important part, I suspect that as the op paid rent directly to the LL, it’s possible this was an assignment.


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    #22
    B.A._Baracus
    Registered Users Posts: 11,178 ✭✭✭✭B.A._Baracus


    Xterminator wrote: »
    funny how yur spade only has one side.

    OP is not a tenant and can be asked to move out with no notice. But landlord s throwing him a bone.

    He either moves out, or negotiates with landlord. he cannot 'stand his ground' as he doesnt have any ground to stand on. he is a licensee.

    One side?
    So I guess he should pay the whole rent. Sure why not pay double rent?

    Good god man. Happy to bend over and take one huh?


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    #23
    Doop
    Registered Users Posts: 1,466 ✭✭✭Doop


    The named tenant on the lease is ending the tenancy (albeit with inadequate notice). Therefore either the OP takes over the tenancy and pays full rent or moves out on the same day as the other tenant.

    Two options ... straight forward.


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    #24
    Xterminator
    Registered Users Posts: 4,718 ✭✭✭Xterminator


    the lease has been terminated by the actual tenant who has a lease

    OP moves out on that day or before. Has that choice. Problem solved.

    Landlord has offered OP an option, he takes over the whole of the lease - . He then gets someone to pay half, or not, as he chooses.

    But there is no 3rd choice. OP is not and has never had a tenancy agreement. His flatmate has left him in bother, not the landlord. Landlord can toss him out and re-let the unit & wold be entirely within his rights to do so.

    But your attitude is landlord is bad regardless of the circumstance. But in this case landlord is not the bad guy. The actual tenant has caused this situation, and OP is been given a chance to take over the lease - if he wants. He would then be the tenant.


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    #25
    Marcusm
    Registered Users Posts: 10,215 ✭✭✭✭Marcusm


    Xterminator wrote: »
    the lease has been terminated by the actual tenant who has a lease

    OP moves out on that day or before. Has that choice. Problem solved.

    Landlord has offered OP an option, he takes over the whole of the lease - . He then gets someone to pay half, or not, as he chooses.

    But there is no 3rd choice. OP is not and has never had a tenancy agreement. His flatmate has left him in bother, not the landlord. Landlord can toss him out and re-let the unit & wold be entirely within his rights to do so.

    But your attitude is landlord is bad regardless of the circumstance. But in this case landlord is not the bad guy. The actual tenant has caused this situation, and OP is been given a chance to take over the lease - if he wants. He would then be the tenant.

    The tenancy agreement exists by conduct, the non-resident landlord is aware of his occupation of the property and has accepted his share of the rent by direct bank transfer without challenging it. It’s questionable that the tenant has ever agreed to any obligations other than those. The landlord can ask him to find a suitable co-tenant but the landlord is responsible to mitigate any potential loss. If the landlord does not seek another tenant he would find short shrift if he sought any compensation from the remaining tenant.


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    #26
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Dav010 wrote: »
    Op has been paying rent to the LL, who doesn’t live there apparently, is there a reason you think he/she is a licensee?
    Although the OP did pay the other tenant the deposit, he has been paying the LL rent. I assume the LL can deny any deposit paid (as it went to the other tenant), and tell the OP to leave if they don't get someone else in and not pay the full house rent?

    It sounds, however, like a rolling tenancy, whereby the incoming tenant pays the deposit to the outgoing tenant. This can get messy if not all parties are aware of the rules of the "dance".


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    #27
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    The op has part 4, they've been paying the LL so the LL can't use the it has absolutely nothing to do with me and he was a licencee.....

    If it were paid to the Tennant going then that's a different story.

    Op it's totally up to you which way to go but it might be a good idea if you want to stay that you work with the LL....

    It would be best if you could pick the Tennant yourself as God knows what he would pick....


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    #28
    B.A._Baracus
    Registered Users Posts: 11,178 ✭✭✭✭B.A._Baracus


    Xterminator wrote: »
    the lease has been terminated by the actual tenant who has a lease

    OP moves out on that day or before. Has that choice. Problem solved.

    Landlord has offered OP an option, he takes over the whole of the lease - . He then gets someone to pay half, or not, as he chooses.

    But there is no 3rd choice. OP is not and has never had a tenancy agreement. His flatmate has left him in bother, not the landlord. Landlord can toss him out and re-let the unit & wold be entirely within his rights to do so.

    But your attitude is landlord is bad regardless of the circumstance. But in this case landlord is not the bad guy. The actual tenant has caused this situation, and OP is been given a chance to take over the lease - if he wants. He would then be the tenant.

    Whilst your attitude is to bend over and spread em' or get lost.
    Your "a or b" scenarios don't include the option the op can stand his ground, open up a conversation with the landlord and come to some sort of agreement.

    You said "My spade only has one side" but then you post the exact same. Your opinion and no other foreseeable alternative. Don't tell me, you're a landlord right? :pac:


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    #29
    Fkall
    Registered Users Posts: 135 ✭✭Fkall


    Dav010 wrote: »
    Op has been paying rent to the LL, who doesn’t live there apparently, is there a reason you think he/she is a licensee?
    His name is not on the lease


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    #30
    Dav010
    Registered Users Posts: 14,070 ✭✭✭✭Dav010


    Fkall wrote: »
    His name is not on the lease

    There is no requirement for a lease to be written. Licensees either live with their LL/family member, or, are there on license by the lead tenant, whom the licensee pays rent to. In the op’s case, the LL neither lives there, nor indeed does the op pay rent to the other tenant, it is paid directly to the LL.


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    #31
    Fkall
    Registered Users Posts: 135 ✭✭Fkall


    My understanding there is a written lease - just the OP name is not on it.

    Further there is no requirement, as you claim for a licensee to pay rent to the lead tenant.


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