Moving from Rental to Rental

MissyC

Hi All....

Looking for some advice. I'm renting an apartment, and have been there for the last 18months. My lease is up in February, but I would like to move before then.

I've found a house I would really like to rent, and it's available immediatly, so long as I can supply a reference from my previous landlord.

I've been reading the advice on Threshold.ie and they say that my landlord can hold me to 42 days paid notice.... so do I bite the bullet & pay double rent for a month? And would my current landlord provide me with a reference in time?! Is this usual these days? Or do people run away, skip the last months rent & loose the deposit & reference?

I'd love to know the goings on, because I'm finding it all a bit official!

Emerald Lass

Hi Missy C,

ask the LL of the new place if he will accept a holding deposit, and if so how long for. In the current market, if you are a good tenant with good references then they will probably agree. They just basically don't want to take it off the market and then you change your mind. If you can hand over some cash to show you are serious they may well hold it for you until you are able to move in. I know that I would rather wait a month for a good tenant than let it quickly and end up with a loolah in the place!

HOWEVER - check the conditions of your lease. You want to vacate 5 months short of your lease - depending on your lease agreement your current LL may be within their rights to withold your security deposit, as you have broken your lease. They may also refuse to give you a reference. and they may also be able to pursue you for the additional rent for the remaining months. If this is the case then 42 days is the least of your worries! As I said the market is quiet and most LL will not be too happy for a lease to be broken early - so unless they can replace you with a new tenant quickly they may well keep your dep to cover their expenses of the vacant period.

First I would get a copy of my lease and contact threshold. They will advise you what will happen if you break the lease. Then contact your LL and suss them out - see if they would be willing to allow you to break the lease. tell them that you will facilitate viewings, etc. If they get a tenant quickly they may agree - but don't be too optimistic!

bugler

Moving rental accommodation can be tricky due to the notice periods involved. Places often come up as available immediately, which puts you at a disadvantage when you have to serve notice. You have to really hand in your notice and then try and get somewhere relatively late as you draw to the termination date of your old place.

I've been reading the advice on Threshold.ie and they say that my landlord can hold me to 42 days paid notice.... so do I bite the bullet & pay double rent for a month?

If you really want this new place, then yes. Is the new house all that special? Would you not be better off giving your notice and serving it and then looking toward the end of this notice period for a new home?

And would my current landlord provide me with a reference in time?! Is this usual these days?

You'd need to explain the need for a reference to your current landlord. And all the more reason to stay on good terms with the LL. I'll probably need to give my current LL (well, actually letting agent) as a reference when I'm looking for somewhere new, despite the fact that I may not have moved out of the old place yet. I assume we can work something out whereby I'm given at least a conditional reference stating I've paid rent on time etc.

Or do people run away, skip the last months rent & loose the deposit & reference?

This isn't what most people do, and isn't advisable. Legally, I believe you could be pursued for the balance of the lease, even if practically this is unlikely to happen. You will of course not get a reference from the LL.

Finally, and very importantly, on the subject of your notice period:

I've been reading the advice on Threshold.ie and they say that my landlord can hold me to 42 days paid notice....

You have signed a lease and that binds you to the property for the fixed period of the lease. However:

1. In my experience some LLs or agents are happy to allow you to leave provided you give adequate notice.

2. As I understand it you can contact the landlord requesting permission to assign the lease/sublet to someone else, and if they refuse you can serve notice of termination.

Threshold actually give some conflicting signals. They say "However, please note that if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement.", but also say elsewhere:

"What happens if there is a fixed term lease in place?
A tenant cannot avail of the notice periods where they are bound by a fixed term lease which they signed. They can, however, end the tenancy where the landlord is in breach of an obligation and where they have written to the landlord regarding the breach and giving the landlord an opportunity to rectify the position.

A tenant can also avail of section 186 of the Residential Tenancies Act to end a fixed term lease where the landlord refuses their wish to assign the lease to somebody else.

If a tenant wants to end of fixed-term tenancy early, they should inform the landlord in writing of their wish to assign or sublet the lease. Where the landlord refuses to give his or her consent, the tenant is entitled to serve a Notice of Termination."

I don't know of anyone who ever went through the subletting process, I'd be interested to hear.

All in all, my advice is to keep your current LL involved, you might find them more accommodating than you thought. Don't do a runner. If the new prospective house isn't 1 in a 100 then maybe serve out your notice (if allowable) and look toward the end of the notice period. You might save yourself paying double rent or pissing off anyone.