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Hi my name is XXXXX XXXXXm renting the flat from landlord and…

Hi my name is XXXXX...
Hi my name is XXXXX XXXXX renting the flat from landlord and subletting another person. I sign the contract with this person (Tom) but now I gave to Tom notice of termination due to some circumstances: he told me he is working on day time (lie) and now when he is comming back on night time bettween 2-4 am wakking me up every day, stilling my food, doesn't clean after himself. And when I told him he just laugh at me saying I'm silly if "closing the door and other stuff can wake me up" so I gave him notice of termination 14 days. I can't live with him longer like that, getting up at 6am to work everyday...
Contract is only with me, he didn't want to meet actual landlord, as he claims "you are my landlord" and than when I told him about the law sayin "if you living with your landlord he can give you reasonable time of notice of termination" for me reasonable time to stand is 2 weeks.
Now guy didn't accept this notice, and treating me with Citizen information and demanding 28 days notice.
He doesn't have any contract with actual landlord... so...Am I for him an landlord?
What can I do...?
desperate....
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Answered in 9 minutes by:
10/2/2012
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,922
Experience: Barrister 17 years experience
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Buachaill :

1. Hi Katrina, I regret to say that for Tom you are in fact his landlady or the person from whom he is renting. You are correct that in law you must give him "reasonable notice" but this has been statutorily defined as being for a month if you have a month to month tenancy with Tom and he pays rent monthly. It would only be if it were a weekly tenancy that two weeks notice would be "reasonable notice". Be aware additionally that you are also potentially liable to the REsidential Tenancies Board who govern all situations where a tenant is renting from any type of landlord including where someone is subletting. Accordingly, you should adhere to the law here so as to ensure Tom leaves peacefully and there are no comebacks. If you are really concerned, you can get a solicitor to write him a formal letter setting out the fact that the tenancy is coming to an end and what arrangements you want to make.


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Customer:

He didn't paid me rent for this month and term was 1st of october, and he is living in the flat 3 weeks right now... he moved in 8th of last month

Customer:

I just told him about unpaid rent and he just used very unclasified words saing that with "stupid, idiot, not aware of law people he won't speak (I won't say the most offensive ones because they are not translate for english) Can you give me regulation of law saying I'm his landlord, to leave him a formal notice? I can't speak with him anymore... and if I gave him a notice on 28th Sept for 14 days is that date count if I need to give him 1 month? Or I need to write to him new termination notice and count the days since this termination notice... I can't live with him 1 month... really I can't...

Buachaill :

2. Write him a fresh termination notice simply stating that you have agreed to his suggestion that the notice period shall be one month. In this way you avoid having to give him a fresh termination notice. Simply extend the two weeks notice you gave him. Go to www.prtb.ie where you will find the legislation applicable to all rented tenancies in Ireland. This is the website of the Private Residential Tenancies Board with whom you ought to register if you wish to rent out a room in Ireland. I would suggest you simply ease him out gently if there is tension between you both. Avoid an outright row but simply wait for time to pass.


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Customer:

Thank you a lot!

Buachaill :

Please RATE the Answer positively so that I may get paid. Otherwise the website keeps the money deposited.

Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,922
Experience: Barrister 17 years experience
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