Tenant - 1day notice

Tenant has now come back saying that he was on to Threshold and that a months notice is not forceable as there was no written agreement so he is entitled to his deposit back.

How can someone give 2 days notice and leave the main tenant to pick up the rent?
 
because you didn't have any written agreement in place.

You have options.. you could deny that you have any money of his at all... he most likely doesn't have a receipt. You could give him half the money back and tell him to go whistle for the rest, deny you have it or ever had it etc etc.

Did you have a verbal agreement about notice period?, if so then he has broken that.. however if he is now denying the verbal aggreement exists then that it is difficult for you.. unless you also start to lie, as per the above. Honest people can always be taken for a ride by liars. I'd consider lying if he started it.

But in the end you'll probably just have to give the money back to him..

Subletting has problems.. what will you do if you cannot get a new tenant? Will you have to move out? Your landlord must be very happy with the arrangement, after all, he probably has himself sorted with a written contract and is guaranteed his rent.
 
Well I am not starting to lie anyway. That would just make me as bad as some people I have met a long the way.

Yes we had a verbal agreement that it would be a months notice. He doesn't seem to be denying this but said that Threshold told him that it is not enforceable as there was no written agreement. I always thought verbal had legal rights too?? It looks like I will have to part with more money now as I have already used his deposit to make up the difference in his rent.

Sub letting I am beginning to think def has its disadvantages.
 
Do you think tenant will go through the legal process for the sake of the deposit? say it's 500eur. His legal costs will exceed that. My opinion is that you hold onto and put it against the rent, if u find a tenant in the meantime, you can refund the difference.

I find it hard to believe that the tenant themself did not know sooner of their change in living arrangements. Might the tenant be pulling a fast one?

I sublet to 2 tenants,i.e me and another are the primary leaseholders. I have a deposit and both subtenants are fully aware of the conditions, i.e notice period etc.
 
JQ2002 said:
I sublet to 2 tenants,i.e me and another are the primary leaseholders. I have a deposit and both subtenants are fully aware of the conditions, i.e notice period etc.
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Yes, but is your agreement in writing? If not then you may actually have no real agreement, certainly not an enforcable one which makes it pretty worthless.. after all, Veron1 is saying that even though everybody acknowledges that there was a verbal agreement and that that has been broken that he still has no rights, and he must refund the money despite not receiving his notice period.



I think Threshold may give a different opinion if they heard from both parties that there was a verbal agreement which has been broken... but they may not.. it may be all about written agreements.


As far as sub-letting go what advantages does it have?, ok, in some cases it may be possible to rent a house for 1,300 say, and rent out the three bedrooms for 1,300.. in which case the main tenant could effectively live for free in the fourth bedroom.. that'd be a clear advantage.. but if the main tenant is paying quite a bit towards the rent I don't see the point. There are most definitely some disadvantages.
 
Yes Joe that is the only advantage that I can see. I will def write up a written agreement for the next subtenant that comes along. Makes things easier and a lot clearer for all.
 
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I was going to attach an agreement that I have done up but I am unable to do it. Does anyone know how to?
 
i went through simular.i gave 1 months notice,lost deposit.i would tell him to find a replacment in order to get the deposit back.hold deposit to pay outstanding bills.
call threshold 016786096 .they can help you out.But i wouldnt give him the deposit back just yet.
 
Cleverclogs it is the landlords responsibility to register tenants I was told and my landlord is registered.

I am going to call them as you say and see what they say.
 
Anyone any comments on the agreement laid out here?


1. Date and Parties
This agreement, dated , 2009, is between ..........., hereafter called Tenant,
and ............................, hereafter called Subtenant.
2. Rent
The Subtenant agrees to pay rent........ totaling for this sublease. This amount should be paid in equal monthly installments of to be paid on or before the day of each month.
3. Notice Period
The Subtenant will give 1 months notice to tenant. If notice period is not fulfilled the tenant has the right to use the subtenants deposit to pay for the remainder of rent and any outstanding bills due.
4. Deposit
The subtenant has the right to return of deposit providing all rent and bills are paid todate and the property / room is returned in the same condition when first moved in.
5. Property of Tenant
The following furniture, appliances, or other items belonging to the Tenant are permitted for use by the Subtenant. Subtenant is expected to return these at the end of the sublease term in essentially the same condition as they were in the beginning, taking into account normal wear and tear. If the Subtenant or his guests are responsible for damages to any or these, or if they are not returned, the tenant has the right to take compensation for such damages from the security deposit, and to take any further legal actions necessary.
6. Signatures
The following undersigned have agreed to be legally bound by this agreement.


TENANT(S):
SUBTENANT(S):
 
I wouldn't rely on anything the tenant tells you he was told by Threshold. Why don't you contact Threshold yourself. In any case if he's within his rights to the deposit back, you tell him to take a case against you. If you got someone to replace him immediately then I would give him the deposit back but not otherwise. I'm not up to speed with subtenants rights but you could also ask the PRTB. In any case I recommend you don't sublet in future but have the tenant put on the lease with the landlord and that way it's the landlords problem from now on.
 
veron01 said:
Anyone any comments on the agreement laid out here?


1. Date and Parties
This agreement, dated , 2009, is between ..........., hereafter called Tenant,
and ............................, hereafter called Subtenant.
2. Rent
The Subtenant agrees to pay rent........ totaling for this sublease. This amount should be paid in equal monthly installments of to be paid on or before the day of each month.
3. Notice Period
The Subtenant will give 1 months notice to tenant. If notice period is not fulfilled the tenant has the right to use the subtenants deposit to pay for the remainder of rent and any outstanding bills due.
4. Deposit
The subtenant has the right to return of deposit providing all rent and bills are paid todate and the property / room is returned in the same condition when first moved in.
5. Property of Tenant
The following furniture, appliances, or other items belonging to the Tenant are permitted for use by the Subtenant. Subtenant is expected to return these at the end of the sublease term in essentially the same condition as they were in the beginning, taking into account normal wear and tear. If the Subtenant or his guests are responsible for damages to any or these, or if they are not returned, the tenant has the right to take compensation for such damages from the security deposit, and to take any further legal actions necessary.
6. Signatures
The following undersigned have agreed to be legally bound by this agreement.


TENANT(S):
SUBTENANT(S):
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Why not cut out the flowery stuff, i.e. the hereinafter and the undersigned. Keep it simple. Replace 'right of return of deposit' with 'will get the deposit back' etc.
 
Bronte: It is not an option for me not to sublet as this was the understanding I have had with my LL since I moved in and apart from the odd hiccup like this one it was going fine. Thanks for the advise. I am going to phone Threshold in the morning and check this once and for all.

Complainer: Yes a bit flowery alright. Thanks for the input. Will make it more simple.
 
veron01 said:
Cleverclogs it is the landlords responsibility to register tenants I was told and my landlord is registered.

I am going to call them as you say and see what they say.
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sorry i misread,thought you were the landlord.But even so,1 day notice is just not on.under 6months then its 28 days as far as i remember and 6-12 months is42 days notice? hold off till you talk to threshold or better still ask you LL for advise
 
I asked the LL for advise and TBH he wasn't very helpful. I think as it is my problem he handed it back to me to deal with. However, I can understand why as essentially it really has nothing to do with him as I took on this guy, not him and I have his deposit.

I'd be very surprised if Threshold tell me today that he can get away with 1 days notice even if it was just a verbal agreement.
 
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