Need to move out of apartment

CMpunked

Hey guys.

Wondering if you can help.

Me and a mate moved into an apartment nearly 2 months ago (june) and signed the year lease.

In that time we have.

1. Set up the ESB and Gas in respective direct debits but have not paid a bill to either yet. (expecting them in the next 2/3 weeks).
2. Got chorus and paid the installation fees etc etc.
3. Have eircom broadband and phone package.

Disaster struck the two of us and we simply cant come close to being able to afford the next months (september) Nice place aswell.

So i was wondering if any advice could be given as regards cancelling above accounts? Or even changing to a different address, i know this is impossible with the gas and esb but when it comes to the other two is there any hope?

i understand we will lose our deposit but thats fine, we expected that.

Its just hoping the rest arent going to be horrible.


Any help would be greatly appreciated as the estate agents have pretty much said its all on our own head to get these things sorted out.

Thanks in advance

Senna

There will be no problem with the ESB and Gas, you just pay the balance on leaving and you can cancel DD after that (from your bank). Did you sign year contracts with corus and eircom? Have you asked them about canceling, were are you moving now, would you be happy to keep eircom and corus in new house?

CMpunked

I'll more than likely be moving home to my mammys :pac:

And she has nothing in the way of broadband or cable/satellite.
We did sign year contracts with the two also, but they are both in my roomates names and where he'll be going he has no need for them.

So i guess it could be ideal if i could bring them with me with no hassle?

Cathmandooo

Are you sure you can get out of your lease when you've signed it for a year? Would you not have to pay another 9/10 months of it?

No harm just contacting the Eircom and ESB etc and asking, they'll soon tell you if you can just cancel everything.

MysticalSoul

As you have signed a year's lease, the landlord could chase you for the remaining rent for that period, unless there was a break clause in the lease.

CMpunked

Just read over the agreements we signed and it doesnt say anything about paying the rest of the lease.

Also was talking to my roommate and he reminded me of when we were discussing it with our negotiator he asked "If we were to pull out after a few months what would happen? Would we just lose our deposit" She said yes and i said "That would be it?" and she said yeah.

astrofool

Eircom and Corus should allow you to move house (there might be a small fee involved, but less than breaking the contract early), I would contact them as early as possible with the details.

ESB and Bord Gáis should both be transferred to the landlord's name, and a reading given on the day you move out (verified with the landlord).

The lease doesn't have to say anything, you will be liable for the rent until the lease is up (unless it's a part 4 tenancy which has no end date, with notice periods up on www.threshold.ie). It is down to the good grace of the landlord if they let you leave without paying up for the full lease.

CMpunked

So what would this mean:
http://www.threshold.ie/page.asp?menu=74&page=256

astrofool

As I said, that would be for a part 4 tenancy, and not for a fixed lease (i.e. one with an end data set out in the lease agreement).

ztoical

CMpunked wrote: »

So what would this mean:
http://www.threshold.ie/page.asp?menu=74&page=256

From what you've posted it sounds like you have a fixed term lease signed.

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.

If your landlord is very very nice they might let you off without paying the remaining months but most likely they will look for the rent owed. You could talk to them about accepting replacement tenants for the apartment if you could find someone to take over the lease from you but they don't have to accept that if they don't wish.

CMpunked

ztoical wrote: »

If your landlord is very very nice they might let you off without paying the remaining months but most likely they will look for the rent owed. You could talk to them about accepting replacement tenants for the apartment if you could find someone to take over the lease from you but they don't have to accept that if they don't wish.

The fact that we'd both be moving home because our work has dropped and financially we just cant do it would have to mean something.

Like i can understand if they were peeved if we just wanted to move to a new place or something.

D3PO

a contract is a contract. Doesnt matter the circumstances of why you have to move, he could legally og after you for the 10 months rent.

Rb

CMpunked wrote: »

The fact that we'd both be moving home because our work has dropped and financially we just cant do it would have to mean something.

Why would a landlord care about your personal circumstances?

CMpunked

Rb wrote: »

Why would a landlord care about your personal circumstances?

Because it means that i cant pay it?

Rb

CMpunked wrote: »

Because it means that i cant pay it?

Well then, you should have thought about this before signing up to a year long contract.

Two months ago was by no means "the good times" and people generally had an idea how secure their jobs were, signing up to all these contracts in an insecure job is irresponsible at the least, wreckless at the worst.

It is not the landlords business as to whether or not you're able to pay, when you signed your name on the agreement you were stating that you were able to pay, and would do so for a year.

It's improbable that the landlord will take legal action, although do not expect this, as you probably are aware times are hard and if they have their own mortgage to pay, it would certainly be warranted.

I'm hope things work out with it though, good luck.

CMpunked

Rb wrote: »

Well then, you should have thought about this before signing up to a year long contract.

Two months ago was by no means "the good times" and people generally had an idea how secure their jobs were, signing up to all these contracts in an insecure job is irresponsible at the least, wreckless at the worst.

It is not the landlords business as to whether or not you're able to pay, when you signed your name on the agreement you were stating that you were able to pay, and would do so for a year.

It's improbable that the landlord will take legal action, although do not expect this, as you probably are aware times are hard and if they have their own mortgage to pay, it would certainly be warranted.

I'm hope things work out with it though, good luck.

If i could of seen the future i dont think i would have made any "irresponsible" decisions.

brendanuk

Asked the same off my agency and they said I would lose the months deposit too.

Times change even within 2 months. No one would enter into an agreement in first place if they thought that under no circumstances could they get out. Especially if they queried this before agreeing to the contract. I don't think it was irresponsible.

astrofool

Most landlords will be reasonable about this (you can't get blood from a stone), but legally, all you could hope for, if it went to court, was that the judge was leniant due to your financial circumstances (which would have to be proved also).

Would the rent be covered if you had rent allowance?

Rb

brendanuk wrote: »

No one would enter into an agreement in first place if they thought that under no circumstances could they get out.

But it's not "under no circumstances", it's "pay what is owed" or more specifically "pay what you signed a contract to pay".