Breaking 'Lease'

Ostrom

Are there any provisions for ending a lease early?

I have posted on here a few times about our landlady not providing receipts, not upgrading security after break-in, and not agreeing to reduction (our rent is 300 above the going rate for much better properties in the area)

Our contract document is questionable and none of the utilities are in our name - can anything be done? Are there legal grounds for our early leaving?

ZygOte

They cant "do" anything if you break your lease as far as i know, but i would expect to lose your deposit. as for issues with the landlord perhaps give the people is Threshold a call and see what they say? you might have grounds to be able to break the lease without it going against you.

dats_right

ZygOte wrote: »

They cant "do" anything if you break your lease as far as i know, but i would expect to lose your deposit. as for issues with the landlord perhaps give the people is Threshold a call and see what they say? you might have grounds to be able to break the lease without it going against you.

Not true, I don't understand why people offer 'advice' when they don't anything about the law. Presumably the OP has signed up to a fixed term lease/letting agreement for probably one year duration (standard). None of the grounds the OP states would, in all likelihood, be sufficient to justify the early termination of a fixed term lease.

So where does that leave the OP? The lease is a legally binding contract and the landlord would be entitled to sue the OP to recover the monies due under that contract i.e. if they left after month 8 the landlord could sue for the remainder of the term, subject to the landlord's duty to mitigate their loss, whether the landlord would or not sue nobody can know. But, if the OP can find a substitute tenant to take their place and if the landlord refuses to consent to the assignment of the tenancy, pursuant to section 186 of the Residential Tenancies Act 2004 the OP would be entitled to terminate the tenancy by serving a Notice of Termination of Tenancy on the landlord giving the appropriate notice as specified in the Act.

See generally www.prtb.ie

preilly79

I may have read something in a similar thread about claiming bankruptcy as a means for terminating a lease agreement? A bit extreme really.

Regarding the rent. I believe (though i'm open to correction), that you have the right as a tennant to request a review of the rent once a year. I don't believe there's any obligation for the landlord to agree to an adjustment.

murphym7

dats_right wrote: »

Not true, I don't understand why people offer 'advice' when they don't anything about the law. Presumably the OP has signed up to a fixed term lease/letting agreement for probably one year duration (standard). None of the grounds the OP states would, in all likelihood, be sufficient to justify the early termination of a fixed term lease.

So where does that leave the OP? The lease is a legally binding contract and the landlord would be entitled to sue the OP to recover the monies due under that contract i.e. if they left after month 8 the landlord could sue for the remainder of the term, subject to the landlord's duty to mitigate their loss, whether the landlord would or not sue nobody can know. But, if the OP can find a substitute tenant to take their place and if the landlord refuses to consent to the assignment of the tenancy, pursuant to section 186 of the Residential Tenancies Act 2004 the OP would be entitled to terminate the tenancy by serving a Notice of Termination of Tenancy on the landlord giving the appropriate notice as specified in the Act.

See generally www.prtb.ie

Agreed that landlords have the right to sue for the remainder of the contracted rent, very rarely happens due to the hassle invloved. Deposit is taken in lieu.

I disagree that the landladys actions are not reason to get out of the lease. The upgrading security and reducing rent are none runners but the not providing receipts in a timely manner or at all as in thsi case, is a definite ground for getting out of your lease.

I would surprised to see many examples of landlords going after domestic tenants for the remainder of a lease. This is more likey with commercial property.

Victor

efla - how long is left on the lease? I presume its for a year total.

preilly79 wrote: »

I may have read something in a similar thread about claiming bankruptcy as a means for terminating a lease agreement? A bit extreme really.

No an option. It takes years, costs a fortune, taints your name and someone else does it to you, you can't do it to yourself.

Silverfish

Any time I've moved out before a lease was up ( which has been a lot) I have just given one month's notice, and said 'Due to unforeseen circumstances, I have to move out'.

Only once did I not get my deposit back.