Issues with Landlord

Caoimhin.

Hi there,

Lookign for advice on an issue that I am having with my landlord. The crux of it is, I've lost my job, am breaking lease 4 months early, but have found somebody to take over the apartment at the same rent.

The landlord is happy to take on these new people. They are moving in on the same day that I move out and are taking on a new 1 year lease. We have done everything by the book and in keeping with the provisions of the Residential Tenancies Act 2004, but the landlord is refusing to refund any of our deposit. He is keeping 100% of ours and is taking an new full deposit from the new people who are moving in. We are entitled to our deposit back (minus expenses presumably), right?? There is no damage to the apartment or anything like that, that would merit him swallowing our deposit, and the only reason he will give is that we "signed a one year lease and [he] has paid things like management fees and decorating"

What's more, I called to the PRTB and found out that our tenancy was never registered with them (we've been there since December 2009). What rights does the landlord have, having not registered the tenancy? Bacuase of the way that he has dealt with this, I have a good mind to tell him where to go, to find his own new tenant, and just high-tail it. It'll be no loss to me as he plans to keep my deposit anyway

I'm thinking the best course of action though is to bite my lip for now, wait until the new lease is signed, and register a dispute with the PRTB once the new people are in.

Thoughts??

Cathmandooo

He's taking the mick there, particularly with you finding new tenants to sign a 1 year lease.

First thing I'd do is tell your landlord that you're opening a dispute with the PRTB and see what he says to that. Given he never registered your tenancy he'll already be in trouble with them and it's going to cost him money.

If that gets you nowhere then lodge a complaint with the PRTB.

bugler

Definitely tell him you will lodge a complaint with the PRTB if he doesn't return the deposit (if there was a cost associated with readvertising the dwelling then it's fair it should be taken out of the deposit). You as a tenant can use their dispute resolution service despite the fact the tenancy wasn't registered. If he doesn't budge, then lodge the case.

Caoimhin.

Would you reckon I should wait until the new lease is signed? I don't want to encourage him to try to railroad this new tenancy, and try to hold me accountable for rent for the remainder of the lease. Could he do that?

Say I decide to not recommend these new people and tell him to stick it, am I liable for the rent for the next few months?

bugler

You have a statutory right to assign the remainder of your lease to someone else. If the LL refuses this you can legitimately terminate the tenancy (though I think notice still must be served).

Now as it happens you are not so much assigning the lease as finding new tenants to sign up for a new one year's lease. I think technically you may have been in a better position if you found people to take over for 4 months only, then the LL has only two choices: Allow the assignation of the 4 month period, or let you terminate the tenancy.

But taking a common sense view of things this is a little absurd. Not only have you found someone to take on the 4 months, but they'll go at least another 9 months.

Assuming there is no loss incurred to the LL in terms of loss of rent then he really has no basis for witholding the deposit. I do not believe the PRTB would be sympathetic to him.

You may find "alancahill's" post on this thread useful:

http://www.irishlandlord.com/forum/showthread.php?t=1146

Caoimhin.

Thanks. I actually gave him (the landlord) a choice as to whether he wanted these people to continue my lease for the four months or whether he wanted a new 1 year lease. The new tenants preferred the latter option, but were willing to finish off my lease before siging a new lease in December if necessary.

The landlord chose the 1 year lease - do you reckon it would help my case to have that in writing?

bugler

It always helps to have things in writing. Technically, if the landlord had refused to allow the 4 month option you could have just walked away. You went one better and shouldn't suffer for it.

I think you are on safe enough ground should this come before the PRTB. Of course it would be better for everyone if it didn't go that far, but you can only give him the option. Take a firm line and lodge the case immediately should he refuse. Please do come back and let us know how you got on.

Caoimhin.

Email sent. I'll update once I get a response