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Landlord not accepting new roommates

  • 21-05-2020 5:31pm
    #1
    Russel Dsouza
    Registered Users Posts: 4 ✭


    Hello,

    Two of my roommates are moving out at the end of May due to the pandemic situation and will be going back to their home town.

    I am unable to afford the entire rent on my own. As a result, I have found two others as replacements to facilitate the same. The landlord, however, has refused to accept the new roommates on unclear grounds. The landlord states that they do not have the financial stability to rent the apartment. Each of the tenants have shown funds equivalent to at least 6 months of rent as well as 20-30 hours of part time work payments which will be ongoing.

    I really need these replacements else it will be a major monetary loss for me and my previous roommates as well (they will lose their deposit so will I).

    What can I do in this regards if the landlord is unwilling to accept replacements and wants the existing 3 tenants to continue paying the rent till the termination of the contract (11 months)?


Comments

  • #2
    Assetbacked
    Closed Accounts Posts: 2,969 ✭✭✭Assetbacked


    I'd check the lease but it would seem that refusal to assign or sub-let has been received from the landlord so you could give notice to terminate (28 days most likely) and can expect to receive your deposits back at the end of the notice period (depending on wear and tear but just note that reletting is not your concern if that is a reason being cited to hold on to some of the deposit), assuming rent is paid up to that date.


  • #3
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    Russel Dsouza wrote: »
    Hello,

    Two of my roommates are moving out at the end of May due to the pandemic situation and will be going back to their home town.

    I am unable to afford the entire rent on my own. As a result, I have found two others as replacements to facilitate the same. The landlord, however, has refused to accept the new roommates on unclear grounds. The landlord states that they do not have the financial stability to rent the apartment. Each of the tenants have shown funds equivalent to at least 6 months of rent as well as 20-30 hours of part time work payments which will be ongoing.

    I really need these replacements else it will be a major monetary loss for me and my previous roommates as well (they will lose their deposit so will I).

    What can I do in this regards if the landlord is unwilling to accept replacements and wants the existing 3 tenants to continue paying the rent till the termination of the contract (11 months)?


    Part time workers would not be seen as good tenants. Have you seen their bank account statements to confirm 6 months ability to pay ? Would they pay the rent of pay for food if the part time work stops? It's a high risk tenant for the landlord


  • #4
    thomas 123
    Registered Users Posts: 2,478 ✭✭✭thomas 123


    Why are you finding tenants then? Let him
    sort it.

    Agencies charge good money to find tennants for landlords.


  • #5
    thomas 123
    Registered Users Posts: 2,478 ✭✭✭thomas 123


    I am also pretty sure he can’t get them to pay out the initial lease. Maybe he can keep the deposits but he can’t charge them rent if they don’t live there.


  • #6
    Russel Dsouza
    Registered Users Posts: 4 ✭Russel Dsouza


    Assetbacked wrote: »
    I'd check the lease but it would seem that refusal to assign or sub-let has been received from the landlord so you could give notice to terminate (28 days most likely) and can expect to receive your deposits back at the end of the notice period (depending on wear and tear but just note that reletting is not your concern if that is a reason being cited to hold on to some of the deposit), assuming rent is paid up to that date.

    Thank you for your response. The problem is the the 2 tenants are moving out at the end of the month and I do not prefer relocating. If we give a notice, we will still have to pay the rent for June which for an apartment we wont occupy.

    As a result, I found it ideal to get replacements to the existing tenants which was approved by the landlord provided if they fit the all his criteria. This has been going on since 2 weeks and the agent involved has been rejecting all the tenants (I'm not sure if he even viewed them because one of the applicants had finances much better than the 3 of us combined).

    I've been trying to convince the agent that the rent will be paid without any hassle and all he has to do is change the names on the existing contract to include the new tenants.


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  • #7
    Russel Dsouza
    Registered Users Posts: 4 ✭Russel Dsouza


    handlemaster wrote: »
    Part time workers would not be seen as good tenants. Have you seen their bank account statements to confirm 6 months ability to pay ? Would they pay the rent of pay for food if the part time work stops? It's a high risk tenant for the landlord

    Yes I agree part time workers would not be ideal.

    I have shared their bank statements with the landlord to prove the same. They are students as well and have more than enough funds to live for a year in Ireland without any income and have documents to prove the same.

    I also assured the landlord that I will ensure timely payments of rent as I am a working professional and have sufficient funds.


  • #8
    Victor
    Registered Users Posts: 78,234 ✭✭✭✭Victor


    Russel Dsouza wrote: »
    What can I do in this regards if the landlord is unwilling to accept replacements and wants the existing 3 tenants to continue paying the rent till the termination of the contract (11 months)?
    Are your roommates moving out after a month?

    If they aren't, enforcing a lease that lasts more than a year is iffy.


  • #9
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,082 Mod ✭✭✭✭Tar.Aldarion


    Have to work with the LL on this, AFAIK they can just stop you from getting new housemates at all. It was quite common to do this to force people out so that a LL could airbnb places, as a way to get around your part IV essentially.


  • #10
    Russel Dsouza
    Registered Users Posts: 4 ✭Russel Dsouza


    Victor wrote: »
    Are your roommates moving out after a month?

    If they aren't, enforcing a lease that lasts more than a year is iffy.

    They intend to move out end of May


  • #11
    thomas 123
    Registered Users Posts: 2,478 ✭✭✭thomas 123


    I think a call to threshold may be the best mate, find out your rights then you will be in a better position to play ball.


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  • #12
    XVII
    Registered Users Posts: 338 ✭✭XVII


    if any tenants are moving before the end of the contract, they need to find replacements, neither you nor landlord. But that would depend on how leases were signed. Ideally, each of you were supposed to sign it separately. If that's the case, let them deal with landlord, you don't have to do anything.

    if you signed lease yourself on their behalf:
    1) lesson for you for the future
    2) you've got to explain to tenants that they leave you in ****ty situation, and try to negotiate with landlord somehow :/


  • #13
    Edgware
    Registered Users Posts: 5,875 ✭✭✭Edgware


    thomas 123 wrote: »
    Why are you finding tenants then? Let him
    sort it.

    Agencies charge good money to find tennants for landlords.

    It doesnt work that way but your attitude shows exactly why a lot of landlords are fed up of tenants not complying with regulations but want the landlord to do so.


  • #14
    ted1
    Registered Users Posts: 23,233 ✭✭✭✭ted1


    thomas 123 wrote: »
    Why are you finding tenants then? Let him
    sort it.

    Agencies charge good money to find tennants for landlords.

    If tenants move out they need to find replacements or keep paying rent till the landlord does


  • #15
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    thomas 123 wrote: »
    Why are you finding tenants then? Let him
    sort it.

    Agencies charge good money to find tennants for landlords.
    The agency will get anyone. Have had agencies picked a few asses.

    Picking the tenant yourself will allow you to pick people who you'll get on with.


  • #16
    s1ippy
    Banned (with Prison Access) Posts: 2,980 ✭✭✭s1ippy


    Russel Dsouza wrote: »
    Hello,

    Two of my roommates are moving out at the end of May due to the pandemic situation and will be going back to their home town.

    I am unable to afford the entire rent on my own. As a result, I have found two others as replacements to facilitate the same. The landlord, however, has refused to accept the new roommates on unclear grounds. The landlord states that they do not have the financial stability to rent the apartment. Each of the tenants have shown funds equivalent to at least 6 months of rent as well as 20-30 hours of part time work payments which will be ongoing.

    I really need these replacements else it will be a major monetary loss for me and my previous roommates as well (they will lose their deposit so will I).

    What can I do in this regards if the landlord is unwilling to accept replacements and wants the existing 3 tenants to continue paying the rent till the termination of the contract (11 months)?
    Could it be that your contract will be up soon and the landlord wants the property then, so they don't want to take in new people?


  • #17
    dennyk
    Registered Users Posts: 1,641 ✭✭✭dennyk


    Do you rent the entire property yourself (not just a room), and will you be the only one on the tenancy when your current roommates leave? If so, you can take on those new roommates as licensees under you. Your landlord has no say in the matter; the only requirement is that you provide the landlord with their names. Once they are residing in the property as your licensees, if you have a Part 4 tenancy, then they can request to become full tenants under your tenancy and the landlord cannot unreasonably refuse (although they won't acquire Part 4 rights themselves until they've been living there for a total of six months either as your licensee or as a full tenant, so if you were to leave yourself before that time, the landlord could then end their tenancy without giving a reason). See this document for full details.

    Note that while they are licensees, you will be responsible for the entire rent paid to your landlord for the property, whether your licensees pay you their own rent or not, so keep that in mind when selecting your new roommates and do your homework properly.

    Edit: Note that taking on a housemate as a licensee is *not* subletting or assignment; people often get the terms confused. Subletting is letting out the entire property to another occupant while you are no longer residing there yourself (but still keeping the tenancy in your name), and assignment is transferring the tenancy to someone else's name when you vacate the property. The rule allowing you to break your lease if the landlord refuses to allow a sublet or assignment doesn't apply to the landlord refusing to allow you to invite a licensee to live with you in your place, because the landlord can't refuse permission for the latter.


  • #18
    [Deleted User]
    Posts: 0 ✭[Deleted User]


    dennyk wrote: »
    Do you rent the entire property yourself (not just a room), and will you be the only one on the tenancy when your current roommates leave? If so, you can take on those new roommates as licensees under you. Your landlord has no say in the matter; the only requirement is that you provide the landlord with their names. Once they are residing in the property as your licensees, if you have a Part 4 tenancy, then they can request to become full tenants under your tenancy and the landlord cannot unreasonably refuse (although they won't acquire Part 4 rights themselves until they've been living there for a total of six months either as your licensee or as a full tenant, so if you were to leave yourself before that time, the landlord could then end their tenancy without giving a reason). See this document for full details.

    Note that while they are licensees, you will be responsible for the entire rent paid to your landlord for the property, whether your licensees pay you their own rent or not, so keep that in mind when selecting your new roommates and do your homework properly.

    Edit: Note that taking on a housemate as a licensee is *not* subletting or assignment; people often get the terms confused. Subletting is letting out the entire property to another occupant while you are no longer residing there yourself (but still keeping the tenancy in your name), and assignment is transferring the tenancy to someone else's name when you vacate the property. The rule allowing you to break your lease if the landlord refuses to allow a sublet or assignment doesn't apply to the landlord refusing to allow you to invite a licensee to live with you in your place, because the landlord can't refuse permission for the latter.

    All totally incorrect. The LL can 100% prohibit anyone moving into his house and prevent a tenant having licences. No idea what possessed you to think otherwise.


  • #19
    dennyk
    Registered Users Posts: 1,641 ✭✭✭dennyk


    Arya Whispering Production wrote: »
    All totally incorrect. The LL can 100% prohibit anyone moving into his house and prevent a tenant having licences. No idea what possessed you to think otherwise.

    The RTB appears to disagree:
    While the tenant is under a statutory obligation to inform the landlord of the identity of any person resident in (rather than just visiting) the dwelling, the landlord will not be in a position to accept or veto the individual concerned in the way that he/she could with a prospective tenant.


  • #20
    Mrs OBumble
    Registered Users Posts: 25,656 ✭✭✭✭Mrs OBumble


    dennyk wrote: »
    The RTB appears to disagree:

    Most leases have a clause which says you do need the landlord's permission for anyone new to move in.


  • #21
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    Mrs OBumble wrote: »
    Most leases have a clause which says you do need the landlord's permission for anyone new to move in.

    They don't because such a term is unenforceable.

    Unless you write your own lease or get one from the internet.


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  • #22
    [Deleted User]
    Posts: 0 ✭[Deleted User]


    dennyk wrote: »
    The RTB appears to disagree:

    It’s rubbish, you are taking something out of context. There is no way on earth a LL does not have the right to control who lives in his property.

    Every lease would exclude this and it would be 100% enforceable.


  • #23
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Arya Whispering Production wrote: »
    There is no way on earth a LL does not have the right to control who loves in his property.

    :eek:

    I've met some control-freak type landlords in my time but that's just going TOO far.

    :D


  • #24
    [Deleted User]
    Posts: 0 ✭[Deleted User]


    Graham wrote: »
    :eek:

    I've met some control-freak type landlords in my time but that's just going TOO far.

    :D

    :D typo corrected.


  • #25
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    Arya Whispering Production wrote: »
    It’s rubbish, you are taking something out of context. There is no way on earth a LL does not have the right to control who lives in his property.

    Every lease would exclude this and it would be 100% enforceable.

    Yet not one enforced case in 16 years of the RTA. Where do you get your insights from?


  • #26
    Curious1002
    Registered Users Posts: 225 ✭✭Curious1002


    My modest input... Pay your rent part as normal and move out given a proper notice. If the LL opens a dispute against you with the RTB about the unpaid rent for the other 2 tenants, simply show the adjudicator what effort you have made to replace the other 2 tenants who left due to Corona and that the LL did not agree for them. Make sure you have text messages, email correspondence, daft ads, 2 old and new tenants as witnesses (not necessary but helpful). Case will be closed on your favour faster than a fart gone with the wind.


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