Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Moving out before end of lease - landlord's reaction?

  • 18-04-2013 8:32pm
    #1
    JayConlon91
    Registered Users Posts: 34 ✭


    so heres the deal...signed a year long lease in september. my name was the only name on it but i was living with my girlfriend my best mate and his girlfriend..my mate and his woman broke up so she moved out and my girl moved home for family reasons so theres only me and the mate here now and we cant afford the rent. we dont get on with the landlord well so i rent deduction wont be an option but what can happen if i give adequate notice for departure and i dont mind if she keeps the deposit at all?? can she hound me for the last few months rent??
    any advice would be helpful lads
    Tagged:


Comments

  • #2
    Trudiha
    Registered Users Posts: 235 ✭✭Trudiha


    Probably best to ask in the Accommodation thread, you might get a blasting but they someone will finally tell you your legal position.


  • #3
    lkionm
    Closed Accounts Posts: 3,407 ✭✭✭lkionm


    This thread is gonna get moved just like ye will be.


  • #4
    LizT
    Registered Users Posts: 29,089 ✭✭✭✭LizT


    Moved to Accomodation & Property. Please note their charter now applies.


  • #5
    JayConlon91
    Registered Users Posts: 34 ✭JayConlon91


    sorry about the posting in here guys my apologies


  • #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    No worries.

    As you have a lease, it is a legally binding agreement between you and the landlord. Normally, you cannot break the lease unless-

    1. There is a break clause in the lease
    2. The landlord is in breach of his or her obligations
    3. You come to an agreement with the landlord to set aside the lease.

    If you do break the lease- without reasonable grounds, the landlord may-

    Deduct any costs associated with re-letting the property from your deposit
    Pursue you for any rent foregone between your vacating the property and the landlord retenanting it.
    Pursue you for any difference in rent, if on retenanting the property the rent is lower than that specified in your lease.

    If you are proposing to vacate the lease- you have the option of reassigning the lease to a new tenant. Aka- you have to find a new tenant to take your place, and the new tenant must be acceptable to the landlord.

    Normal notice periods- which must be served in writing to the landlord, are 35 days- as you've been in the property between 6 months and a year.

    Having a lease means you have a legal agreement with the landlord- your first step is to dig out a copy of the lease, and go through it in detail to see exactly what your rights and obligations are (and what the rights and obligations of your landlord are).


  • Advertisement
  • #7
    JayConlon91
    Registered Users Posts: 34 ✭JayConlon91


    thanks that was really helpful..the only thing in this case now is that i checked the prtb list and this accomadation isnt registered on it could i use this to my advantage just i really cant afford the rent on the back to education allowance which goes back to 100e over the summer with the rent being 74e a week


  • #8
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    I doubt the property not being registered would be in any way to your advantage. Its certainly not grounds for being able to break the lease unfortunately. The PRTB site is rarely up to date, so its possible that the property is actually registered anyway and its just not showing.

    Your best option really is reassignment; this gives you a legal out and will allow you to retain your deposit (or as much of it as you are entitled to after deductions).

    Check your lease though; it may contain a break clause which you can trigger.


  • #9
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    smccarrick wrote: »
    No worries.

    As you have a lease, it is a legally binding agreement between you and the landlord. Normally, you cannot break the lease unless-

    1. There is a break clause in the lease
    2. The landlord is in breach of his or her obligations
    3. You come to an agreement with the landlord to set aside the lease.

    If you do break the lease- without reasonable grounds, the landlord may-

    Deduct any costs associated with re-letting the property from your deposit
    Pursue you for any rent foregone between your vacating the property and the landlord retenanting it.
    Pursue you for any difference in rent, if on retenanting the property the rent is lower than that specified in your lease.

    If you are proposing to vacate the lease- you have the option of reassigning the lease to a new tenant. Aka- you have to find a new tenant to take your place, and the new tenant must be acceptable to the landlord.

    Normal notice periods- which must be served in writing to the landlord, are 35 days- as you've been in the property between 6 months and a year.

    Having a lease means you have a legal agreement with the landlord- your first step is to dig out a copy of the lease, and go through it in detail to see exactly what your rights and obligations are (and what the rights and obligations of your landlord are).
    This notice period only applies to Periodic or Part 4 tenancies, not to a Fixed term lease.

    Basically, there is no such thing as a notice period with a fixed term lease as a tenant cannot just give notice and leave.

    It is possible to give notice to vacate, by mutual agreement with the landlord and the notice period agreed accordingly. However, the landlord is not obliged to accept any notice.

    If the landlord is in breach, a Notice of Termination with a notice period of 28 days is valid provided the landlord has been advised in writing of the breach, requested to remedy the issue and has failed to remedy the breach within a reasonable time.


  • #10
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    you could talk to your landlord and ask if they will agree to ending the lease early.

    A smart landlord will take the view that if a tenant does not want to be in the property, there's not much to be gained from trying to force them to stay.
    Getting in to conflict with tenants is rarely a winning strategy for landlords.


  • #11
    JayConlon91
    Registered Users Posts: 34 ✭JayConlon91


    thanks everyone for your feedback its been helpful so all i can really do is ask the landlord to agree to let me move out really but i knw that if she hasnt got the tenancy registered there is a 3000e fine so if i was a landlord i rather let the tenant move out and be up a deposit rather than pay 3k ha


  • Advertisement
  • #12
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    JayConlon91 wrote: »
    thanks everyone for your feedback its been helpful so all i can really do is ask the landlord to agree to let me move out really but i knw that if she hasnt got the tenancy registered there is a 3000e fine so if i was a landlord i rather let the tenant move out and be up a deposit rather than pay 3k ha

    Don't go threatening her- and also- just because its not on the PRTB website, does not mean its not registered- its far from unusual for it to take 6 months or longer to be added onto the website.

    Get your lease- and go through it. Don't go down the road of threatening people- it will only come back to haunt you sooner or later, if you do........


  • #13
    JayConlon91
    Registered Users Posts: 34 ✭JayConlon91


    oh ye i am going to ask for the lease first the threat is a last resort but this accomadation was being rented before this by a family and by a couple before that and also there is a man in the apartment above who has been here over a year


  • #14
    UDP
    Closed Accounts Posts: 1,188 ✭✭✭UDP


    You are allowed to sub let the apartment and if the landlord refuses then you can break the lease. The landlord might not refuse though and you would be entirely responsible for the sub let tenants including any damage they cause. Double check this information though.

    Edit: it's correct
    citizens information wrote:
    Decide whether to allow the tenant to sub-let or assign a tenancy (however if you refuse to allow a tenant to assign or sublet a tenancy this refusal can gives the tenant the right to terminate a fixed-term tenancy before its expiry date)
    www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html


  • #15
    JayConlon91
    Registered Users Posts: 34 ✭JayConlon91


    oh i must see will she be open for that so and i hope she says no haha..thanks for the help very much appreaciated


  • #16
    wush06
    Registered Users Posts: 687 ✭✭✭wush06


    If I was the landlord I would prefer that you came and talked to me before it all turns sour. I would like to have my place back in one piece then in bits with no rent for months like in some cases. Good luck op


  • #17
    JayConlon91
    Registered Users Posts: 34 ✭JayConlon91


    oh i wouldnt trash the place anyway its in perfect condition like i knw i dont get on with her and all but i wouldnt go that far


Advertisement