Lease agreement

punksanders

Hi,

I have been in my new rental accommodation in the Cornmarket Centre in Cork for just over a month. Our place is accessed from a side alley and not the main complex and there is a real issue with noise from a warehouse down this alleyway that is rented out for bands to practice in and there can be an ugly antisocial mix at night, particularly with IVDUs at weekends.

Essentially we want to move out and the complex manager is not having it, reminding us of the lease agreement and such. Essentially the complex advertises first class build quality and 24 hour security patrols which should prevent the issues with noise and security and we feel that the place was mis-sold. Do we have grounds to move out and nullify the lease? Or what would you suggest?

Thanks for your help.

odds_on

You should have checked out the area before you signed the lease.

Your only way out of a fixed term lease is to assign it to someone else (whom the landlord must approve of after his checks). It is up to you to find someone to take over the lease and not the landlord's job; if the landlord refuses to let the lease be assigned, you can just move out (giving the landlord the required 28 days notice in writing and keep a copy) and get your full deposit back.

Landlords are responsible for the social behaviour of their tenants. It may be possible that the owners/landlords of the noisy property may be liable. However, they will not come under the rules of the 2004 RTA as it is not a dwelling but a business. I can only suggest that you go to the local council - they may be able to do something.

punksanders

odds_on wrote: »

You should have checked out the area before you signed the lease.

Your only way out of a fixed term lease is to assign it to someone else (whom the landlord must approve of after his checks). It is up to you to find someone to take over the lease and not the landlord's job; if the landlord refuses to let the lease be assigned, you can just move out (giving the landlord the required 28 days notice in writing and keep a copy) and get your full deposit back.

Landlords are responsible for the social behaviour of their tenants. It may be possible that the owners/landlords of the noisy property may be liable. However, they will not come under the rules of the 2004 RTA as it is not a dwelling but a business. I can only suggest that you go to the local council - they may be able to do something.

I will look into getting a sublet in that case. It does seem unfair that a place can advertise first rate security and after sales management and assistance and have no obligation to provide those services once my name is on a lease. It might seem like an exaggeration but I feel like I have been tricked! Is it the case that anyone can just advertise in this way and just decide afterwards that they don't feel like providing?!

It is particularly surprising in our case at the Cornmarket Centre which is an expensive city centre development how quickly the attitude of management in the complex changed when we arrived at a genuine issue. Everything was rosy in the garden when sorting out assigned parking and simple things like that and now it's all about putting things on the long finger and legalities when pressed for an answer.

odds_on

That's the problem with sales people - they tell you all the good points but never the bad points. I could never be a good sales person as I would feel that I would be cheating the potential customer if I didn't tell them at least some of the bad points. I hate selling anything second-hand.

However, I don¿t believe that they had to tell you about the warehouse problem - there is not much they can do about it. But you council may do something, AFAIK most councils have a department that deals with this sort of problem. When dealing with them, try to get everything in writing (they will probably refuse as then they are committed to what they have written and most council employees do not like that kind of commitment!