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2 house mates having issues with the 3rd

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  • 16-01-2019 11:12pm
    #1
    SteHam
    Registered Users Posts: 59 ✭✭


    Hello, so our lease is up at the end of February, there's 3 of us on the lease. 2 of us have had problems with the other Tennant and have asked the person to leave. That person won't. The 2 of us want to continue on the lease. The 3rd person has threatened to get the lease agreement cancelled (can this happen?) If the living situation isnt suited to everyone. We are renting through a 3rd party on behalf of the landlord. What are our rights here?


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    #2
    wirelessdude01
    Registered Users Posts: 8,417 ✭✭✭wirelessdude01


    Just move out and get a two bed. Who wants the hassle of living with someone like that?


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


    SteHam wrote: »
    The 3rd person has threatened to get the lease agreement cancelled (can this happen?) If the living situation isnt suited to everyone
    I don't see the issue. The current lease gets cancelled, and you make a new lease, minus the 3rd person.


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    #4
    SteHam
    Registered Users Posts: 59 ✭✭SteHam


    wirelessdude01 wrote: »
    Just move out and get a two bed. Who wants the hassle of living with someone like that?

    With the current climate, it's not so easy. I feel like having a chat with the landlord, as our lease expires soon but he might just chuck us all out. The tenant in question is causing obvious hassle for both of us but nothing outside the law or damaging to the terms of our lease.


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    #5
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    Sounds like a spat between both sides and of no concern to the Landlord


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    #6
    SteHam
    Registered Users Posts: 59 ✭✭SteHam


    the_syco wrote: »
    I don't see the issue. The current lease gets cancelled, and you make a new lease, minus the 3rd person.

    The 3rd tenant has said that she will have the lease cancelled and have her friend move in to take over a new lease. Is this possible?


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    #7
    SteHam
    Registered Users Posts: 59 ✭✭SteHam


    Stanford wrote: »
    Sounds like a spat between both sides and of no concern to the Landlord

    That's exactly what it is, but it may become a concern to him when this tenant cancels the lease come the end of its term and has her friend take it over (she knows someone in the letting agency who handles this lease for the landord?). Our question is, if she decides to walk away from the lease, do we have rights to stay on and take someone else is, or will the landlord chuck us all out?


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    #8
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    No, she cannot cancel a Lease where there are other parties who are Lessors, tell her to sling her hook


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    #9
    SteHam
    Registered Users Posts: 59 ✭✭SteHam


    This is a joint lease between all three of us, which ends soon. When it ends, it is possible for just two of us to continue it or do all original parties have to be involved? Thanks for the help


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    #10
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    All 3 of you will have to come to an agreement, no one or 2 people can decide what happens to the other.


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    #11
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    No, when the lease expires a new lease does not have to be between the same parties, anybody can take out a new lease then at the discretion of the landlord, if its due to expire soon you could approach the landlord and ask if he will agree to lease the place to both of you only.

    Check the lease however to see if it provides for existing tenants to have first right of refusal on a new lease


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    #12
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Contact the landlord, and say that you'll stay with the other tenant.

    Is the house in a RPZ area?


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    #13
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Stanford wrote: »
    No, when the lease expires a new lease does not have to be between the same parties, anybody can take out a new lease then at the discretion of the landlord, if its due to expire soon you could approach the landlord and ask if he will agree to lease the place to both of you only.

    Check the lease however to see if it provides for existing tenants to have first right of refusal on a new lease

    If the 3 tenants are there more than 6 months on a joint lease then the landlord can’t decide who gets to stay, all 3 will have part 4 rights and all that goes with that.


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    #14
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    SteHam wrote:
    This is a joint lease between all three of us, which ends soon. When it ends, it is possible for just two of us to continue it or do all original parties have to be involved? Thanks for the help


    It's not a democracy as in majority voting wins. You can tell the landlord you won't renew and there is no guarantee that either you both or the third person and her friend will get a new lease.

    Your best bet is to ask the landlord if they seek agree to the end of the lease at the proper time and a new rental agreement if you have a third person lined up.

    Ending the occupancy with mean it for all three of you now, but how it moves forward will be up to the landlord.


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    #15
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    As said earlier, you will have to come to an agreement amongst yourselves whereby somebody will have to exit, you can't live under such acrimonious circumstances


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    #16
    Rentinginfo
    Registered Users Posts: 5 ✭Rentinginfo


    Hello the accommodation is in a RPZ
    The lease is a rolling lease. I'm one of the 3 parties involved with the lease.


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    #17
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    Then get around a table, make tea and talk to each other


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    #18
    Rentinginfo
    Registered Users Posts: 5 ✭Rentinginfo


    Stanford wrote: »
    As said earlier, you will have to come to an agreement amongst yourselves whereby somebody will have to exit, you can't live under such acrimonious circumstances
    jimmycrackcorm wrote: »
    It's not a democracy as in majority voting wins. You can tell the landlord you won't renew and there is no guarantee that either you both or the third person and her friend will get a new lease.

    Your best bet is to ask the landlord if they seek agree to the end of the lease at the proper time and a new rental agreement if you have a third person lined up. Ending the occupancy with mean it for all three of you now, but how it moves forward will be up to the landlord.
    amcalester wrote: »
    If the 3 tenants are there more than 6 months on a joint lease then the landlord can’t decide who gets to stay, all 3 will have part 4 rights and all that goes with that.

    We have asked the trouble maker to leave but that person refuses. So we will all be protected by law to live here. The person asked to leave has threatened us all with eviction(I don't know how this will happen as they are not landlord) And to get their friend to take on the new lease. If the 2 people (myself and other Tennant) who want to express interest with continuing the lease call her bluff. Will the trouble maker be waiving their interest in part 4 and be essentially removing themselves?


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    #19
    fritzelly
    Registered Users Posts: 17,248 ✭✭✭✭fritzelly


    Who are we talking to now - the OP or the trouble maker?
    How did you all end up on the lease?
    Less stress to just move on to a new property - as for the threats of knowing the agency, would take with a pinch of salt. Can the 2 of you afford the property until a third is found.


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    #20
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    This is more trouble than its worth, get around a table and talk it out to see if a compromise is possible, otherwise the Landlord will probably decide he is better off without the 3 of ye and get new tenants in on the expiry of the lease.


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    #21
    Rentinginfo
    Registered Users Posts: 5 ✭Rentinginfo


    fritzelly wrote: »
    Who are we talking to now - the OP or the trouble maker?
    How did you all end up on the lease?
    Less stress to just move on to a new property - as for the threats of knowing the agency, would take with a pinch of salt. Can the 2 of you afford the property until a third is found.


    Neither the OP or the trouble maker. The 3rd person living here. One of the 2 that want the trouble maker out and to continue on the lease without the trouble maker. We could afford the property and would have another person lined up to move in straight away if trouble leaves. Bit there is no reasoning with the trouble maker


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    #22
    Stanford
    Registered Users Posts: 1,178 ✭✭✭Stanford


    fritzelly wrote: »
    Who are we talking to now - the OP or the trouble maker?
    How did you all end up on the lease?
    Less stress to just move on to a new property - as for the threats of knowing the agency, would take with a pinch of salt. Can the 2 of you afford the property until a third is found.

    Clearly more to this than meets the eye (the "trouble" one?), a minor storm but probably significant background facts omitted


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    #23
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Stanford wrote: »
    Clearly more to this than meets the eye (the "trouble" one?), a minor storm but probably significant background facts omitted

    I bet the girl has a story to tell about her 2 housemates trying to bully her out of the house.


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    #24
    Rentinginfo
    Registered Users Posts: 5 ✭Rentinginfo


    amcalester wrote: »
    I bet the girl has a story to tell about her 2 housemates trying to bully her out of the house.

    I'm sure they do. That person has just been asked to leave due to personal fallings out with the other 2 roommates


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    #25
    Lefty Bicek
    Registered Users Posts: 1,625 ✭✭✭Lefty Bicek


    Rentinginfo wrote: »
    Neither the OP or the trouble maker. The 3rd person living here. One of the 2 that want the trouble maker out and to continue on the lease without the trouble maker.

    Odd that both of you spell 'tenant' as 'Tennant'...

    ;)

    https://www.boards.ie/vbulletin/showpost.php?p=109162419&postcount=1

    https://www.boards.ie/vbulletin/showpost.php?p=109162779&postcount=20


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    #26
    fritzelly
    Registered Users Posts: 17,248 ✭✭✭✭fritzelly


    Lefty Bicek wrote: »
    Odd that both of you spell 'tenant' as 'Tennant'...

    ;)

    https://www.boards.ie/vbulletin/showpost.php?p=109162419&postcount=1

    https://www.boards.ie/vbulletin/showpost.php?p=109162779&postcount=20

    All David's fault then, capital T noted


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    #27
    Rentinginfo
    Registered Users Posts: 5 ✭Rentinginfo


    fritzelly wrote: »
    All David's fault then, capital T noted

    I've been rumbled


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    #28
    SteelyDanJalapeno
    Registered Users Posts: 14,237 ✭✭✭✭SteelyDanJalapeno


    I keep picturing a can of Tennants


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