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Rent for last month of tenancy

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  • 29-04-2019 6:11pm
    #1
    WinK95
    Registered Users Posts: 10 ✭


    I'm a student who has been renting out the same house for a 2nd college year now. Last year I had an issue with my landlord,when it came to paying last months rent. I was advised to pay rent equivalent to how long I stayed rather than the full monthly amount. I ended up paying for how long I stayed after,but the landlord was unhappy that I went around asking for help regarding this.

    Should i expect to be able to do the same this year? I never had an agreement regarding this with my landlord. Is he able to make me pay the full amount?


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    #2
    WinK95
    Registered Users Posts: 10 ✭WinK95


    Hello,
    I'm a student currently about to end my 2nd year in college. I've been renting out the same house for two college years now. At the end of the first year,I was advised to pay last month's rent equivalent to how long I stayed at the place, rather than the full month.

    Should I expect to do the same this year? Or is my landlord able to have me pay the full amount? Me and him have never had an official agreement on this, nor have I ever received a contract from him.


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    #3
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    If you are ending the tenancy and have been there for more than one year but less than two, you need to give 42 days notice and pay up to the last day of that notice.

    If you plan to go back into that house next year and the LL is not charging you for most of the summer while you are off, considering how difficult it can be to get accommodation, you would be a bit foolish to argue the toss.


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    #4
    FishOnABike
    Registered Users Posts: 4,386 ✭✭✭FishOnABike


    What does your lease say?


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    #5
    WinK95
    Registered Users Posts: 10 ✭WinK95


    I never got one. Two years in a row I asked him for a contract for the length of the college year (September - May)with all details regarding my tenancy, and never got it.


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Typically rent is paid in advance- on a monthly basis.
    If you choose not to stay the full month- that is your prerogative- however, you still owe the rent for the month.
    If you have something better organised with your landlord- get it in writing- its not standard, and you have no right to it.
    Who told you that you could pay rent on a pro-rata basis? Unless it was the landlord- its wishful thinking.

    Also- its not normal to rent a house for the college year (and come back to it in September).
    Once again- if you're doing this- its exceptional- and you have no right to expect it.
    If you get away with it- great- however, its not normal.

    If you want a formal lease- typically its a 1 year fixed term lease- you don't get a 9 month lease absolving you of the summer- and when you're leaving- you have to give proper notice (as per the Residential Tenancies Act)- and you owe rent for the duration. You may get more favourable terms- but once again- thats not the norm.


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    #7
    SureYWouldntYa
    Registered Users Posts: 7,724 ✭✭✭SureYWouldntYa


    I don't know what area of the country you're in but no matter you're lucky to have a 9 month tenancy since a lot want 12 months min

    If the landlord is a good one the rest of the year I can see why they'd be annoyed at you trying to skim a week or two off the rent, if you only want to pay for the time you're there then you should look at digs


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    #8
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,530 Mod ✭✭✭✭Gumbo


    Threads merged


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    #9
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    The_Conductor wrote: »
    If you want a formal lease- typically its a 1 year fixed term lease- you don't get a 9 month lease absolving you of the summer- and when you're leaving- you have to give proper notice (as per the Residential Tenancies Act)- and you owe rent for the duration. You may get more favourable terms- but once again- thats not the norm.
    Around colleges, a 9 month lease is very much the norm for houses let to students.

    =-=

    OP; if you like the house, and want to stay there a 3rd year, don't screw the landlord, or they'll get someone else next year. I have lived in some nice student houses in Carlow, and I've lived in an uninsulated garage (was technically a licensee, I think). With a high demand for most good places, messing around the landlord may cost you more in the long run.


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    #10
    WinK95
    Registered Users Posts: 10 ✭WinK95


    the_syco wrote: »
    Around colleges, a 9 month lease is very much the norm for houses let to students.

    =-=

    OP; if you like the house, and want to stay there a 3rd year, don't screw the landlord, or they'll get someone else next year. I have lived in some nice student houses in Carlow, and I've lived in an uninsulated garage (was technically a licensee, I think). With a high demand for most good places, messing around the landlord may cost you more in the long run.

    I've been thinking of moving out for a while now, due to some issues with the house that have been around for months, and my landlord's lack of involvement with dealing with said issues, even after being told about them multiple times.


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    #11
    WinK95
    Registered Users Posts: 10 ✭WinK95


    The_Conductor wrote: »
    Typically rent is paid in advance- on a monthly basis.
    If you choose not to stay the full month- that is your prerogative- however, you still owe the rent for the month.
    If you have something better organised with your landlord- get it in writing- its not standard, and you have no right to it.
    Who told you that you could pay rent on a pro-rata basis? Unless it was the landlord- its wishful thinking.

    Also- its not normal to rent a house for the college year (and come back to it in September).
    Once again- if you're doing this- its exceptional- and you have no right to expect it.
    If you get away with it- great- however, its not normal.

    If you want a formal lease- typically its a 1 year fixed term lease- you don't get a 9 month lease absolving you of the summer- and when you're leaving- you have to give proper notice (as per the Residential Tenancies Act)- and you owe rent for the duration. You may get more favourable terms- but once again- thats not the norm.

    I got in touch with Citizen Information, that's where I found out I'm obliged to pay rent for the duration of my last month's stay. It sounded reasonable to me, as otherwise I'd be paying 300 for a 10 day stay in May, which is a lot for a student, and a lot for a house I won't be living in for a majority of the month.

    I never got an official, written lease from my landlord, our arrangement has always been word of mouth. Along the way he'd often say something contrary to what our original agreement was, like wanting to be reimbursed for taking the refuse (he's been taking it himself). The rent payment for the final month has never been officially agreed on, I've only looked into it about a month and a half prior to ending my first college year.


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    #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    WinK95 wrote: »
    I got in touch with Citizen Information, that's where I found out I'm obliged to pay rent for the duration of my last month's stay. It sounded reasonable to me, as otherwise I'd be paying 300 for a 10 day stay in May, which is a lot for a student, and a lot for a house I won't be living in for a majority of the month. nly looked into it about a month and a half prior to ending my first college year.

    Yes- the month. If you choose of your own volition not to stay the month- you don't normally get a discount for leaving early.......

    You are renting on an informal month to month basis- you're not renting by the day.


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    #13
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    WinK95 wrote: »
    I got in touch with Citizen Information, that's where I found out I'm obliged to pay rent for the duration of my last month's stay. It sounded reasonable to me, as otherwise I'd be paying 300 for a 10 day stay in May, which is a lot for a student, and a lot for a house I won't be living in for a majority of the month.

    If rent is paid monthly, then you should pay the full month's rent. The only way this could change is if you agree it in advance with the landlord.


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    #14
    SureYWouldntYa
    Registered Users Posts: 7,724 ✭✭✭SureYWouldntYa


    Sure if you’re only obliged to pay rent for the duration you stay then you dont need to pay for the weekend do you

    And you’re asleep for a few hours at night too so there’s that, and if you add into that the time you’re in college during the day you might get your rent down to 3/4 hours a day

    You say the landlord isn’t fixing issues and that’s a fault on his part, so when you’re obviously planning on not paying the full rent and are really just looking for validation for your actions the best thing is for you both to find new people


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    #15
    WinK95
    Registered Users Posts: 10 ✭WinK95


    SureYWouldntYa wrote: »
    Sure if you’re only obliged to pay rent for the duration you stay then you dont need to pay for the weekend do you

    And you’re asleep for a few hours at night too so there’s that, and if you add into that the time you’re in college during the day you might get your rent down to 3/4 hours a day

    You say the landlord isn’t fixing issues and that’s a fault on his part, so when you’re obviously planning on not paying the full rent and are really just looking for validation for your actions the best thing is for you both to find new people

    I came here looking for help and an explanation, not validation to not pay the full rent. If that's the way it has to be done, then I've no problem with it, it's just I heard one thing from one party and one thing from another, so I wanted to reach out to more people regarding my situation. This is the first time i rented out a property, so I appreciate all the comments I get, and hopefully I can get something out of it when finding a new place in the future.


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    #16
    SureYWouldntYa
    Registered Users Posts: 7,724 ✭✭✭SureYWouldntYa


    WinK95 wrote: »
    I came here looking for help and an explanation, not validation to not pay the full rent. If that's the way it has to be done, then I've no problem with it, it's just I heard one thing from one party and one thing from another, so I wanted to reach out to more people regarding my situation. This is the first time i rented out a property, so I appreciate all the comments I get, and hopefully I can get something out of it when finding a new place in the future.

    Fair enough when every comment was saying you should pay the months rent and you were still on about only paying for the days you were there I thought you weren’t listening at all

    It mightn’t seem fair in a way but your 9 month lease is a blessing too, in the more in demand areas in the country students are often forced to take 12 month leases and pay for 3 months rent when they’re not in college


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    #17
    WinK95
    Registered Users Posts: 10 ✭WinK95


    SureYWouldntYa wrote: »
    Fair enough when every comment was saying you should pay the months rent and you were still on about only paying for the days you were there I thought you weren’t listening at all

    It mightn’t seem fair in a way but your 9 month lease is a blessing too, in the more in demand areas in the country students are often forced to take 12 month leases and pay for 3 months rent when they’re not in college

    Oh no, I'm convinced now, judging by the replies I got, and have no problem admitting I was in the wrong.

    The 9 months lease sounds more fair now, but as someone going into 3rd year this September, I'm going to be in work experience starting in March. Having to rent a place for 9 months would be a bit more of a pain then, seeing as I'd be moving back home for the duration of said work experience, if I can find a placement closer to home.


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    #18
    SureYWouldntYa
    Registered Users Posts: 7,724 ✭✭✭SureYWouldntYa


    WinK95 wrote: »
    Oh no, I'm convinced now, judging by the replies I got, and have no problem admitting I was in the wrong.

    The 9 months lease sounds more fair now, but as someone going into 3rd year this September, I'm going to be in work experience starting in March. Having to rent a place for 9 months would be a bit more of a pain then, seeing as I'd be moving back home for the duration of said work experience, if I can find a placement closer to home.

    Thats a pain I’m going through myself at the moment, supposed to be on work placement since Feb but havent got anything so I’ve been paying for a place for nothing, if i got something at home then I could have subleased to an erasmus student since our landlord is as fair as can be but the uncertainty meant I couldnt do anything and will have paid 1200 total for a place I have stayed in 4/5 nights

    You’re in an unfortunate position no matter what, it’ll be hard to do something that suits you fully


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    #19
    WinK95
    Registered Users Posts: 10 ✭WinK95


    SureYWouldntYa wrote: »
    Thats a pain I’m going through myself at the moment, supposed to be on work placement since Feb but havent got anything so I’ve been paying for a place for nothing, if i got something at home then I could have subleased to an erasmus student since our landlord is as fair as can be but the uncertainty meant I couldnt do anything and will have paid 1200 total for a place I have stayed in 4/5 nights

    You’re in an unfortunate position no matter what, it’ll be hard to do something that suits you fully

    I'm sorry to hear about your situation, I hope you're able to resolve it soon.

    Sadly, that seems to be the case, but I'm going to look for the best solution nonetheless. It's a struggle, but has to be done.

    That being said, thank you for your input regarding my situation, I appreciate the help.


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    #20
    Amirani
    Moderators, Society & Culture Moderators Posts: 12,521 Mod ✭✭✭✭Amirani


    What happens in the case that a landlord ends a Part IV tenancy, for example to let a family member move in? If this tenancy ends half way (or earlier) through a month then I assume the tenant is entitled to a pro-rata refund for the other half of the month?


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    #21
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Amirani wrote: »
    What happens in the case that a landlord ends a Part IV tenancy, for example to let a family member move in? If this tenancy ends half way (or earlier) through a month then I assume the tenant is entitled to a pro-rata refund for the other half of the month?

    In cases such as that- in general- the landlord gives longer notice than strictly necessary under the Residential Tenancies Act- so it encompasses the whole of the month- or alternatively the length in the RTA + 1 day- and the tenant only pays for a pro-rata length of the final month.

    The norm is RTA notice period + 1 day (unless agreed differently between both parties- but leasehold conditions cannot detract from a tenants right to the RTA notice periods).

    Communication between both parties is key.


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    #22
    ontheditch2
    Registered Users Posts: 372 ✭✭ontheditch2


    If there is no lease/contract agreement and the OP has had issues with things not being fixed during the year, and doesn't plan on going back next year, then I would pay for the length if time you plan on staying.
    As soon as you leave, he will be offering it out to summer students.
    If the OP moved out last summer and was able to move back in 3 months later, it signifies to me that it is a classic student house, a run down house that professionals would refuse to live in for a number of reasons. 1.) It is in serious need of upgrade, 2.) Professionals would actually demand a lease agreement and demand he acts professionally sorting out issues, as described for the OP, 3.) Knows that students will just get on with it whilst a professional would hold him to taskon issues.
    Anyone who has rented private accommodation as a student, knows what I mean.
    If the LL was unprofessional enough to issue a lease or a contract, then I'd say that's his tough. I've seen houses that are being passed as student accommodation and they are nothing short of disgraceful. There are obviously some nice places and great landlords but anyone familiar with Cork and college road, only a student would live there and they only live there for convenience.
    Pay only as long as uppity are staying there.


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    #23
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    In the absence of a formal lease- the Residential Tenancies Act and its provisions (particularly as they relate to a Part IV tenancy) apply.
    You do not get to make up the law- or which rules apply or do not apply to you- its quite specific and laid out in the Act.


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    #24
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    ontheditch2 wrote: »
    If there is no lease/contract agreement and the OP has had issues with things not being fixed during the year, and doesn't plan on going back next year, then I would pay for the length if time you plan on staying.
    As soon as you leave, he will be offering it out to summer students.
    If the OP moved out last summer and was able to move back in 3 months later, it signifies to me that it is a classic student house, a run down house that professionals would refuse to live in for a number of reasons. 1.) It is in serious need of upgrade, 2.) Professionals would actually demand a lease agreement and demand he acts professionally sorting out issues, as described for the OP, 3.) Knows that students will just get on with it whilst a professional would hold him to taskon issues.
    Anyone who has rented private accommodation as a student, knows what I mean.
    If the LL was unprofessional enough to issue a lease or a contract, then I'd say that's his tough. I've seen houses that are being passed as student accommodation and they are nothing short of disgraceful. There are obviously some nice places and great landlords but anyone familiar with Cork and college road, only a student would live there and they only live there for convenience.
    Pay only as long as uppity are staying there.
    Its not his tough luck as the Legislation supersedes whatever contract you sign anyway.

    It is common for college accommodation to advertise for the summer months and then relet at a higher price during the college year. When you moved in, what was the agreed date you would move out?


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    #25
    mrslancaster
    Registered Users Posts: 1,784 ✭✭✭mrslancaster


    Fol20 wrote: »
    Its not his tough luck as the Legislation supersedes whatever contract you sign anyway. ….

    (Fol20, this is not having a go at your post - just quoting it in order to ask the following question)

    I have read many times on this forum that there is no point anymore for landlords and tenants to sign a contract as the legislation supersedes anything that is in it.

    Why is that? If no contracts made sense, then the same argument would be made for employers/employees or suppliers/customers etc but that doesn't happen afaik.

    Most retailers for instance will have their T's & C's on their website, on the back of the receipt etc and it must comply with the various pieces of consumer legislation.

    As for employment, the majority of people working have signed a contract which sets out the details of their job, duties, working hours, annual leave etc etc. Those terms must be in line with whatever EU and Irish employment legislation is in place and when both parties sign up to it, they are both expected to abide with the terms they have contracted to.

    I have never heard anyone suggesting that a company should not bother issuing an employment contract because there is legislation already there.

    From reading threads on this forum, it seems that Tenancy contracts are not considered binding and are flouted time and again by both parties.

    Why is that? Surely if a tenancy contract (agreement or lease) is entered into willingly and signed by both parties, it is legally binding provided it is in compliance with the legislation :confused:


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