|
|
 |
| •
What is my legal position? |
| •
Your rights and responsibilities as a tenant |
| •
Tips for avoiding legal problems |
| •
The different tenancy relationships - pros and cons |
| •
Going to the Consumer, Trader and Tenancy Tribunal |
| •
The
bond |
Co-tenancy
Pros
• No-one in the house can kick you out - you all have
to agree to end the lease.
• Everyone on the lease is equal - no-one has the right
to 'boss' the others.
• You all have the same rights in relation to the landlord.
Cons
• If there is disagreement between co-tenants about ending
the lease, the dispute can't be resolved by the Consumer, Trader
and Tenancy - you've got to work it out yourselves.
• You are directly responsible to the landlord, and may
be individually or jointly liable for any damage to the house
or any debts.
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
Head Tenant over Subtenant
Pros
• You alone deal with the landlord and can decide what
happens in the tenancy, e.g. you can ask to get repairs done,
you can decide to terminate the agreement, and so on.
• You get to choose your flatmates.
• You can ask flatmates to leave
• In the case of a dispute with a subtenant, you can apply
to Consumer, Trader and Tenancy Tribunal for a solution, e.g.
an order for a subtenant to pay outstanding rent or be evicted.
Cons
• You are liable for the payment of rent, the state of
the premises, and for any damage caused by your subtenants.
• You have to find flatmates, otherwise you will be liable
for the entire rent.
• Legally, you cannot insist that your subtenants help
you cover the rent if there are empty rooms in the house.
• You must follow the requirements of the Residential
Tenancies Act, e.g. if you want a subtenant to leave, you must
give them the required notice in writing.
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
Subtenant
Pros
• You have the protection of the Residential Tenancies
Act if you have a problem with your head tenant, e.g. a head
tenant cannot throw you out without giving correct notice.
• You have the right to expect people will not come into
your room without permission.
Cons
• You have to abide by the Residential Tenancies Act,
e.g. you must give your head- tenant 21 days notice if you want
to leave (or 14 days notice if you do not want to continue a
fixed term agreement or if they have breached the agreement).
• Your head tenant can ask you to leave (but must give
you 60 days notice, or 14 days notice at the end of the fixed
term agreement or you have breached the agreement).
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
Boarder/Lodger
Pros
• Your arrangement is flexible; you can move out with
very little notice.
• You're not responsible for the actions or debts of the
other flatmates.
Cons
• You can be asked to leave with very little notice.
• You have few possibilities of enforcing any agreement
with an owner or head tenant.
• You don't have the right to control what happens with
your room.
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
Head tenant over Boarder/Lodger
Pros
• There are few laws covering boarders and lodgers which
means you can put up the rent or ask them to leave at any time
with very little notice.
Cons
• Because matters cannot be dealt with in the Consumer,
Trader and Tenancy Tribunal it can be very hard to recover outstanding
debts from a boarder/lodger, or to resolve disputes, e.g. if
a boarder damages your property. Claims for debt damages would
have to be taken to the local court.
• The boarder/lodger does not have to give much notice
if they want to move out
• and you will have to foot the bill for future rent if
they just up and leave.
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - |
|
|
