Leaving house before Lease is up

Evonatron

Hi All,

Just looking for some answers in relation to leaving a house before your contract is up.
There is no break clause in our contract. We want to leave the house. If the landlord refuses to let us sub let are we in our rights to terminate the agreement?

Any advice appreciated!!!

Black_Knight

If theres no termination clause in your contract, the landlord could hold your deposit if ye leave early. If he lets ye sublet, thats a different story, but AFAIK if ye leave early, he can just hold onto your deposit.

Evonatron

I emailed him today to give notice just a standard notice from the threshold website, and he emailed back saying that we signed a lease etc etc and we can look at reducing the rent.

I said that I am def moving out due to personal reasons and he can keep the deposit due to the short notice.

Can he sue me for the remaining rent? Its about 5 months so I am over the 6 month mark. Do land lords even do this?

Ray Palmer

Evonatron wrote: »

I emailed him today to give notice just a standard notice from the threshold website, and he emailed back saying that we signed a lease etc etc and we can look at reducing the rent.

I said that I am def moving out due to personal reasons and he can keep the deposit due to the short notice.

Can he sue me for the remaining rent? Its about 5 months so I am over the 6 month mark. Do land lords even do this?

Yes he can but unlikely to do so. It depends on what he knows on the the legal side it isn't difficult to file for the remainder of the rent.

I don't actually know if the PRTB work on this as technically they should which means it is very little hassle. I wouldn't worry about it but try and do it nicely as he can sue you as you are in breach of your contract. So clean the place well before you leave

Ortiz

Evonatron legally speaking the landlord is entitled to the remaining rent due on the lease minus any rental income he receives from the accommodation within the term of your lease agreement. He also has to prove that he made a reasonable effort to find a new tenant. That's all legally speaking however what always happens is that a landlord just withholds your deposit and that's that.

If you offer a months notice and an intention to sub let your accommodation and he refuses you are entitled to your deposit back. If he doesn't refuse then you actually need to find a replacement tenant.

odds_on

Evonatron wrote: »

Hi All,

Just looking for some answers in relation to leaving a house before your contract is up.
There is no break clause in our contract. We want to leave the house. If the landlord refuses to let us sub let are we in our rights to terminate the agreement?

Any advice appreciated!!!

You need to get the landlord to let you assign the lease to a new tenant (whom you should find). If he refuses to an assignment, you are free to leave and retain your full deposit (minus any excesses over fair wear and tear, and damaqes etc)

If the landlord has to find the tenant to continue the lease, he can charge you for his expenses in so doing.

If there is no assignment and you leave, you are liable for the rent until the termination date. However, the landlord is obliged to look for a new tenant as quickly as possible. If he re-lets at a lower rent than you were paying, you are liable for the difference.

The RTA 2004 states that any notice of termination should be in writing in a prescribed form and how that notice should be delivered - it does not include e-mails.

Evonatron

I also posted the termination yesterday giving him the months notice. I am meeting with him this evening to hopefully come to some agreement on it. I am hoping that he wants to keep my deposit and let that be that.

I have given the lease to Threshold and they are having a look to see if there is anything a bit dodge to get me out of the contract. I am not trying to be under handed but I cannot afford to live in the house anymore due to personal reasons and really need to end the contract.