Ending Tenancy Agreement before period

leeban99

Hi,

We rented one basement apartment for a fixed 1yr lease via a property management company. We signed the agreement for 1yr fixed term lease and signed the PRTB form but we r not registered yet. We gave them the deposit and 1 month rent. We are not moved yet. But after spending a few hours we find that its not suitable for my pregnant wife as she feels suffocation. Also we are afraid of our expecting newborn suffering from the humid, damp conditions of the apartment.

So we dont want to live there. We are not afraid of losing our deposit or 1month rent, but really afraid of our health and our future babys health. Is it possible for us to end this contract? Its only a few days old. If they asks to find another for sublet, we are really not in good physical and mental state to spend time to find someone in the middle of our busy work hours. Will they sue us to pay the whole 1yr rent? We are really feeling helpless.

Regards.

useruser

You are allowed to notify the Landlord that you will transfer the lease to someone else. You must then find someone to take over the lease and whether or not the landlord accepts them you can leave without penalty. I suggest you contact Threshold (www.threshold.ie) to get the correct procedure.

leeban99

Thanks for the advice. We dont have the signed agreement now and the letting agency 'll send it by post only. Do we need to wait until it reach us?

EKRIUQ

You'll pretty much lose the rent and deposit as this money will go towards the letting agent finding a new tenant, if you want to move, you want to move and they can't stop you, and its not worth their while chasing you for the remainder of the lease they'll just put someone in there as soon as they can

leeban99

Thanks a lot Namesco. We feel releived after reading your reply. We are not sure of any procedures to legally end/terminate this tenancy agreement. Do we need to ask for any written termination letter from the letting agency?

bugler

You're better off talking to the agency and explaining the situation. You have legitimate concerns and reasons for not wanting to move in. I don't see why you can't get back your deposit and rent minus any costs for re-advertising and maybe a certain period that it takes someone else to move in. This is assuming the letting agents are decent human beings though.

If they won't accommodate you in any way then try to find someone to sublet the place to. If they refuse this request to assign the lease to the other party then you must give them written notice that you'll be leaving in 28 days time.

Victor

You need to tell them that the damp is unacceptable and that you would like to leave.

If they have a problem with that, you can tell them that you will be making a complaint to the housing department of the council and to the PRTB.

leeban99

Thank you for your reply. Once we want to end this fixed term tenancy, do we need to send them a 'tenancy termination notice'? Please inform me how can we legally end the validity of our signed 1yr agreement.

leeban99

Thanks. We are waiting for the signed agreement that they 'll send after getting the landlord's sign. We are not sure of what they says about the sublet in that agreement.

bugler

Your right to sublet is a statutory right under the Residential Tenancies Act 2004. So whatever the lease says it cannot deny you this right to attempt to assign the lease to someone else. Of course if the landlord isn't happy with the sublet they don't have to accept it, but they then must allow you to terminate the lease.

Once we want to end this fixed term tenancy, do we need to send them a 'tenancy termination notice'? Please inform me how can we legally end the validity of our signed 1yr agreement.

Keep everything in writing, and keep copies. Using registered post might be an idea too. Once you've found someone else to assign the lease to, you can then contact the letting agent and inform them of this. If they/the landlord refuse the request, immediately give them written notice you are terminating the agreement in 28 days time.

If you can't find someone to sublet the apartment then you can't terminate the lease and expect return of your deposit.

However, what Victor says is probably not a bad avenue either, if the damp is indeed a serious factor. But before going down a more "aggressive" route I really do think you should explain the situation to the agency and take a softer approach. If you could end this fairly amicably it would be better for all concerned. If this ends up in dispute with the PRTB it could take months to sort out, which won't help your financial situation or stress levels much.

leeban99

Thanks for all your replies.
However I'm still not getting what I should do.

1. Can I request the agency to make the repairs soon (possibly in 1 week or 2) by writing a letter? And if they avoid that letter can I send them a notice of termination of my fixed 1yr tenancy?

I mean, is it possible in my case? or only with part4 tenancies?

2. Can I request them to do all works before I move in? And if they dont, is it a 'breach of obligations' by the landlord?

3. How much time do we need to give them to fix this problems before we move in?


Thanks.

Victor

leeban99 wrote: »

1. Can I request the agency to make the repairs soon (possibly in 1 week or 2) by writing a letter?

Yes, this is a good idea.

And if they avoid that letter can I send them a notice of termination of my fixed 1yr tenancy? I mean, is it possible in my case? or only with part4 tenancies?

They have a legal obligation to provide a suitable property. If the property has damp problems, they should not be renting it.

2. Can I request them to do all works before I move in?

Yes.

And if they dont, is it a 'breach of obligations' by the landlord?

Yes.

3. How much time do we need to give them to fix this problems before we move in?

One or two weeks seems good. If they need more time, that indicates serious problems and your case is stronger.