Can she do this lease?!

chris1982

I signed a lease agreement for a room last August, the term is for 12 months... Yesterday my landlord calls me and tells me i need to move out and she is giving me a 4 week notice...The reason for this is that her son lost his job and she is giving him the house?!?? (There are other 2 tenants living at this house which are "supposedly also moving", she claims, whether it is true i have no idea..)

I re-read my letting agreement contract and i see absolutely nothing saying that there is break clause or any of sorts, can she just call me out of nowhere like that, and say to move out??! IF the others are moving out, why does he need 3 rooms for himself?!

The only clause that i see that may be forceable against us all is " Whenever there is more than one tenant, all their obligations can be enforced against them jointly which may result in each of them individually being legally liable to the landlord for the tenants obligation under this agreement" Does this mean if one of my flatmates destroys the kitchen, she has the right to kick all of us out, or to put it lightly just because he/she may be moving out the that can be enforced on everyone? Thanks

whizzbang

No she can't kick you out, she has leased the place to you for a year. Much like you can't get out of the lease, she can't get out unless you are destroying the place. Its your room until August. You could come to an arrangement where she agrees to buy you out of your lease entitlements, but you are under no obligation to go.

I'm not sure that "Punish everyone for the sins of an individual" would stand up in course, especially if you had nothign to do with choosing the other renters you are sharing with, that the landlords fault for renting to a bad individual. either way, it sounds like you are all fulfilling your obligations anyway so she can't do anything to you.

Talk to Threshold.ie if she is giving you grief.

chris1982

Thanks whizz i will call threshold... Exactly thats what i was thinking if we both signed a lease for a year we both cant break it, and because supposedly her son lost a job does not mean i should punished for it?! What if i moved in, in January and he lost his Job in February?! Does that mean my lease is not valid?!

quozl

A formal lease or letting agreement is usually for a fixed period (e.g. a year). You cannot be asked to leave during that time unless you are in rent arrears or in breach of your tenancy obligations

I don't believe she can do this.
She CAN do this if you do not have a fixed term lease, as her, or a family member, moving in is one of the acceptable reasons.
Doesn't apply if you have a fixed term lease though, far as I can see from threshold.

chris1982

Quzl,

So basically if my agreement says landlord:her tenant:myself , term: 12 months..She has no right to throw me out on the street whether its 1 months, 6 months or 8 months i been here?! Of course she can do this if i dont pay my rent, destroy the place? Am i correct?

whizzbang

chris1982 wrote: »

Quzl,

So basically if my agreement says landlord:her tenant:myself , term: 12 months..She has no right to throw me out on the street whether its 1 months, 6 months or 8 months i been here?! Of course she can do this if i dont pay my rent, destroy the place? Am i correct?

you are correct.

One point to clarify, your Landlord may think she can kick you out if her child needs the place as that is an option with Part 4 Tenancies. Those are tennances where no lease is signed and a defacto "Part 4 Lease" comes into effect. This was brought into legislation a few years back to help people whose landlords refused to give leases.

You have a formal written lease which means you have the right to stay there for a year so long as you pay rent and don't wreak the gaff.

A lot of Land Lords are discovering that there is more to being a professional landlord than just collecting the rent each month. It is worth your while finding out your rights as many Land Lords still seem to think we live in a Dickens novel and that they can kick you out when they want!

time lord

Things might of changed in the last few years but if they havn't; leases are not worth the paper they are written on. I hope this has changed. Regardless of lease one months notice was all that was required. Very unfair on tennants.

purejuice

I am an estate agent and just to let you know your landlord has a right to give you 1 months notice regardless of if you signed a 12month lease or not as long as she has a family member moving into the property. This can be confirmed with the PRTB to make sure a private landlord can do this but this is the law with ourselves. :pac:

chris1982

WHIZ!

Appreciate your response, and help!!

chris1982

Geez, so am i right or wrong?!?! After her signing a 12 month lease she has a right to kick me out after 6 months, even though i paid rent etc

whizzbang

purejuice wrote: »

I am an estate agent and just to let you know your landlord has a right to give you 1 months notice regardless of if you signed a 12month lease or not as long as she has a family member moving into the property. This can be confirmed with the PRTB to make sure a private landlord can do this but this is the law with ourselves. :pac:

ahh, not the case, it is a 12 month contract with no break conditions, this is not a PRTB Part 4 Lease...
From threshold
"4. Can the landlord terminate a lease early?
The landlord can only terminate a lease before its end date if the contract contains a 'break clause' which allows both parties to end the lease prematurely. If there is no break clause, a lease can only be ended if the tenant is in breach of an obligation."
http://www.threshold.ie/page.asp?menu=70&page=239

A Part 4 Tenancy can be broken with due notice, but this is not a part 4 tenancy.

Talk to Threshold for full advice.

whizzbang

time lord wrote: »

Things might of changed in the last few years but if they havn't; leases are not worth the paper they are written on. I hope this has changed. Regardless of lease one months notice was all that was required. Very unfair on tennants.

A year long contract is a year long contract, whether it is for a phone, a car rental or a house rental. It is a legally enforceable contract on both sides and unless there is specific provision made for a break clause you cannot be moved out unless you fail to pay rent or wreak the place (or the place becomes unsafe for some reason etc)

Always talk to Threshold about these things. Lot of landlords ring people up and "Tell them how it is" and people just believe them! Stand up for your rights! If they change the locks call the Guards, they have broken the law by entering the property without giving you 24 hours notice. Don't be bullied!

Call Joe Duffy if you have to!

TwoShedsJackson

One thing you should consider is if you refuse to move and cause a lot of hassle here, the landlady will be a complete pain in the arse for the next six months.

Now I'm not saying you should just roll over and move out now because she says, but it might not hurt to look around and see what's available - you might be fortunate and find an equally nice or better place for less rent.

Consider both options before having a showdown anyway.

whizzbang

TwoShedsJackson wrote: »

One thing you should consider is if you refuse to move and cause a lot of hassle here, the landlady will be a complete pain in the arse for the next six months.

Now I'm not saying you should just roll over and move out now because she says, but it might not hurt to look around and see what's available - you might be fortunate and find an equally nice or better place for less rent.

Consider both options before having a showdown anyway.

That's a fair point, in this market this may be an opportunity for you to lower your rent.

antoinolachtnai

I think she is nuts to try and get rid of a tenant at the moment myself.

Anyway, you have rights, it's just a quesion of whether you want to stand your ground. I think you are in a strong position for the reasons stated above but you will have to decide for yourself what you want to do.

Victor

purejuice wrote: »

I am an estate agent and just to let you know your landlord has a right to give you 1 months notice regardless of if you signed a 12month lease or not as long as she has a family member moving into the property. This can be confirmed with the PRTB to make sure a private landlord can do this but this is the law with ourselves. :pac:

Care to explain that in detail?

Ste.phen

purejuice wrote: »

I am an estate agent and just to let you know your landlord has a right to give you 1 months notice regardless of if you signed a 12month lease or not as long as she has a family member moving into the property. This can be confirmed with the PRTB to make sure a private landlord can do this but this is the law with ourselves. :pac:

Lease trumps a part 4 tenancy as far as i know. Good luck dealing with the first tenant you try that on who realises it's wrong.

antoinolachtnai

Lease trumps part 4 tenancy if the lease is more beneficial to the tenant (as in this case). Does not trump if the lease is more beneficial to the landlord.