Moving out early.

Getting there

Ok I'd love some advice on what to do please.

I am moving house soon and am leaving my old one a mth before the 6mth break clause. To be honest, I was ok leaving with having to pay for the final mth but obv would prefer no to have to.

Before we moved in the agency assured us we would be able to move out after 6mths which would be 28thFeb. However, when we toldthem we would like to move out earlier this is what we got back.

" As per your tenancy agreement we cannot formally accept your notice until the 28th February 2011 to vacate on the 28th March 2011.

However, your situation is not uncommon and there are options we can approach the landlord with.

Option 1. you move out on the 31st January and forfeit your deposit.

Does this mean pay the rent AND forfeit the deposit?

Option 2. We immediately begin remarketing the property and the day the new Tenants take up occupation you would be released from the agreement. With this option you would get your deposit back (subject to no damage dilapidation or cleaning required), however there would be an administration fee of E125. Rent would be payable up to the day the new Tenants move in."

I would have nowhere to live if we had to move out before 31st Jan which would be a concern. Naturally. How long could I put off tellling them I want this option do you think? 2weeks would be chancing my arm i suppose...

Now please bear in mind we have had several maintenance issues with the house which the agency took over a mth to fix despite our tenancy agreement saying 2weeks max.

Id really appreciate advice on where I stand. Or was I a fool to trust the agencys word?

The agency is also really lax when it comes to communication about the flat unless of course its in their interest and reply within 4MINUTES!! B**tards.....

RentDayBlues

What do the agreement say? If its 6 months then you are entitled to give notice 1 month in advance and move out at the end of the 6 months

Giblet

You can put the property up on daft yourself and get tenants to replace you.

Getting there

Thanks for the replies!

Putting it up on Daft wouldnt make much sense, i think, because it would only be for 2mths and Im not sure id be allowed that by the agency.

Well...the contract says there is a 6mth break clause. I took this to mean after 6mths i can move out if i gave them notice at the end of the 5th month. And the guy from the agency told me, verbally, this was correct. But now they say otherwise. That it means i give them notice at the end of 6th mth and move out after 7mth.

Also,

"Option 2. We immediately begin remarketing the property and the day the new Tenants take up occupation you would be released from the agreement. With this option you would get your deposit back (subject to no damage dilapidation or cleaning required), however there would be an administration fee of E125. Rent would be payable up to the day the new Tenants move in."

I understood from this that the house goes up immediately and new tenants move in as soon as they want and we pay rent up until they do. But if it was sooner than the 31st, then Im out on my ear?

My boyf (housemate) thinks it means new tenants can move in from 31st but we keep paying rent on a day to day basis until new tenants move in in feb sometime or march depending on how hard it is to find new tenants.

Am I just being really dense?

Giblet

They're trying to screw you. 6 months break clause means you can move after 6 months, giving them notice on the 5th month. Same as a year lease.
Also, it doesn't matter about agency "not allowing" you to advertise the property on daft, it's within your rights. The agency doesn't make the rules.

RentDayBlues

Ok - you can give notice on the 5th month and move out on the 6th month.

You cannot just advertise the property on daft though, this is not your decision to make but the landlords. This would only be the case if you were tied into a 12 month lease and wanted to leave early. You would then apply to your landlord to allow you to reassign the lease, if he agreed you advertise and find someone. If he refuses you are allowed to leave and receive your deposit back. But none of the above applies to you as you luckily have the break clause.

If the agency gives you hassle tell them you have spoken to Threshold and are aware of your rights http://www.threshold.ie/page.asp?menu=96&page=256