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Advice on breaking lease

  • 23-04-2009 9:53am
    #1
    curlie-wurliexx
    Registered Users, Registered Users 2 Posts: 40 ✭


    hi there,

    i have been in my flat since august last year and am on a 12 month lease. last monday an armed garda drug squad kicked in the door of the flat across from me and arrested the guy living there. he is back in his flat since last night and i no longer feel safe living there. there is also someone else in the flat below me who i am 100% sure is accepting cash from gentleman callers but i can't really prove this.
    my questions is - if i approach the letting agency and tell them that i no longer feel safe living there do you think i am being unreasonable and is this a legitimate reason to ask to break my lease early?

    thanks in advance for any advice.


Comments

  • #2
    grizzly
    Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭grizzly


    It sounds like a legitimate concern. If they are a letting agency they may have another place on their books that would suit you better. You could ask to move to one of those and get your deposit transferred. The landlord may object and want to keep the deposit – this is the main risk of breaking your contract agreement (when has anyone ever been brought to court over this? I've never heard of it). I'd put your concerns in a letter and send it registered post to the agency – best to have a record of it.


  • #3
    whizzbang
    Registered Users, Registered Users 2 Posts: 1,366 ✭✭✭whizzbang


    Interesting question. Generally you cannot break a fixed term least, the only exception being if the landlord refuses to allow you to sub let.

    I would check your lease to see if it says anything about the lease being valid so long as the place it suitable for living in or some such. You may find some wriggle room there.

    Tricky situation though.


  • #4
    curlie-wurliexx
    Registered Users, Registered Users 2 Posts: 40 ✭curlie-wurliexx


    thanks for the replies - the problem with my lease agreement is that it is very basic, no real stipulations at all. this in itself probably should have been a warning right there to be honest! might also see what threshold have to say on the matter also. thanks again for replying.


  • #5
    curlie-wurliexx
    Registered Users, Registered Users 2 Posts: 40 ✭curlie-wurliexx


    i checked my rent book which contains a reproduction of the Residential Tenancies Act 2004 and in it it says that a tenant has the right to peaceful occupation (me) and also that a tenant is obliged not to engage in anti social behaviour(neighbouring tenant). on those grounds surely i have a case?


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