Unhappy with new rented house, lease signed 2 days ago

biko

Ok the low-down is: a friend and her daughter sees a house, goes to visit and agrees to take it.
Signs lease on Saturday for a year.
Pays deposit and first months rent.

Moves in today Monday and already hates it
Reason being there isn't sufficient storage, the only bathroom is too small and the carpeting isn't good for her. Yeah I know what it sounds like but there ya go.

It seems she was counting on the landlord putting storage in place and doing some other stuff but the landlord seems to be quite tight with the dosh and actually went "sure borrow a lawnmower from the neighbours". I don't know, maybe the landlord is in financial problems or something.

So, the question is: even after signing a lease for a year, is there a way she can back out of this deal? Some cooling-off period or sumsuch?
Or is she tied to this place now for a year?

I haven't read the lease btw.

Chuck Stone

Don't all contracts have a 7 day change-of-mind thing?

Miss Dymph

Wow.... classic case of Caveat Emptor! In short... no unfortunately! A standard lease signed for the nine months means even if they choose not to live there, they are still liable for the nine months rent. The landlord was obliged to provide lodgings nothing else. Perhaps if he is very very understanding they can back out and get away with him keeping their deposit but in the current climate, i doubt that will happen. Im very sorry but i think theyve got to stick the nine months out, be cheaper to buy IKEA storage than to give up a deposit or pay 9mths on somewhere theyre not living.

D3PO

no sympathy for her OP. Her own fault if she jumped in and didnt properly consider if the place suited her needs before signing the lease.

a good life lesson for her.

Paulw

Chuck Stone wrote: »

Don't all contracts have a 7 day change-of-mind thing?

No, that's for distance selling. There is no cooling off period for renting a property.

Sorry, in this case, they are stuck. They viewed the property and then signed a lease. This is binding.

Next time they should consider things before signing contracts and handing over money.

Victor

biko wrote: »

Reason being there isn't sufficient storage,

Do you mean wardrobes, drawers, etc? Or garage / attic space?

the only bathroom is too small

For what?

the carpeting isn't good for her.

First world problem?

It seems she was counting on the landlord putting storage in place

Did she put this in writing? Specifically the lease?

and doing some other stuff but the landlord seems to be quite tight with the dosh and actually went "sure borrow a lawnmower from the neighbours".

Landlord's responsibility to have the garden tended to, although the lease can pass the responsibility onto tenant.

Mr. 2

Did the property come with a BER cert? If not then there might be a way out. Have a read of this - http://www.irishlandlord.com/forum/showthread.php?t=1593

Victor

Mr. 2 wrote: »

Did the property come with a BER cert? If not then there might be a way out. Have a read of this - http://www.irishlandlord.com/forum/showthread.php?t=1593

While the landlord / agent may have committed an offence, it is not a guaranteed get out of jail card for tenants.

Penguino

I have seen similar situations like this in the past. If they want to leave they will generally lose their deposit, they do still owe the outstanding rent but landlords tend not to chase this.

My suggestion would be to contact the landlord, tell him the situation, assist him in letting the place to someone else and you keep the deposit from the new tenant.

biko

In my opinion the house is fit for purpose and that it's rented "as seen" but if there was a way to get out of this and maybe let the landlord have the deposit for their trouble, and perhaps help find a new tenant, then she'd be a happier friend than she is now. Then of course it would be the matter of finding another, better, house...
Of course there's the "hair dresser effect" (one's hair always look like **** after leaving the hair dresser but after a while it's ok).

Miss Dymph

They said the house IS fit for purpose... not ISN'T!

corkonion

I had to break a lease due to unforseen circumstances and all I lost was my 1 months deposit. I had recieved advice and was told that this was all I would be liable for.

biko

corkonion wrote: »

I had to break a lease due to unforseen circumstances and all I lost was my 1 months deposit. I had recieved advice and was told that this was all I would be liable for.

Interesting, where did you get this advice? Threshold or Citizens advice bureau or similar? I'm just wondering where to point my friend to for advice.

Ray Palmer

corkonion wrote: »

I had to break a lease due to unforseen circumstances and all I lost was my 1 months deposit. I had recieved advice and was told that this was all I would be liable for.

Nice advice but simply untrue. The LL could have held you accountable for the contract. It rarely happens though as it isn't really worth the hassle in normal circumstances. The market has changed and a LL may not be able to afford it so chase a person these days.

spockety

The lawnmower one could be interesting.

Check your lease to see if it says anything about you being responsible for the garden. If not, then tell the landlord that you would like him to maintain it as he is obliged to by law, and you expect the grass to be cut regularly in the Summer.

See how he reacts...

syklops

Id love to know more about this carpet that isnt good for her.

As for storage, I am sure for the price of her deposit which she will lose anyway, she could go on a spending spree in Ikea and buy as much storage as she wants.

biko

I think she'll let the grass grow and when it's time for cutting she'll contact the LL and if they still go on about the neighbour she can ask the LL to ask the neighbour themselves...
It is a nice friendly area but not sure if you should start bothering your neighbours about stuff that should be taken care of by the LL.

Yeah IKEA is a good solution as you can disassemble the furniture when you leave and take them with you.

Victor

Realistically:

Talk to the landlord and see what their opinion is. Would they be willing to take a few hundred / the deposit for the bother of the few days and the lease is cancelled. However, the landlord might disagree.

Find someone else (they possibly have to be of an acceptable standard) to take over the lease. You may be stuck for the difference between the rents.

Tell the daughter to live with it for the year. They'll know better next time. It might be a useful experience.

You are still her daddy, but she's meant to be grown up. Ooops, you aren't the daddy.

biko

Thanks Victor, I think they'll just have to learn from this and as I was saying in the first post about the hairdresser effect they seem to have copped on a bit now.
Thankfully it's been fantastic weather the last few days so that helps lift everyone's spirits
Will see how they get on.