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Break out clause in new lease....

  • 14-12-2011 1:23pm
    #1
    thebourke
    Registered Users, Registered Users 2 Posts: 1,362 ✭✭✭


    How much months notice now, do you normally have to give on a lease?

    I was on a years lease...(I had to stay 6 months with 2 months break out clause after that)that ended recently.
    That lease ended recently

    Landlord wants to sign a new lease...
    I asked for one months notice breakout clause from start of new lease, as well as rent reduction.

    He came back with stay 6 months ..then break clause of 1 month and no rent reduction
    what do you think?

    i have always paid my rent on time...never hassled him over anything been wrong in the house...
    the house can be quite cold at time also...


Comments

  • #2
    Tefral
    Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭Tefral


    Rents are actually starting to stabilise as more people are renting now than buying, however the market is still depressed.

    If you can prove to the landlord that you are paying over the odds for that area (print out from daft) then you should do that.

    Otherwise just move out.


  • #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If you don't sign a new lease, you automatically have a Part 4 lease at the end of a fixed term lease.

    With a Part 4 lease you only have to give the landlord the correct notice period depending on how long you have been in occupancy (42 days if you have been in occupancy for between 1 and 2 years). You may then leave.

    However, the landlord can also give you notice to leave under certain circumstances, the two most common are:
    1. The landlord wants to sell the property.
    2. The landlord wants to use the property for either himself or a member of his family.

    However, in both instances he cannot just say that he will do it but must actually do it, otherwise the tenant can make a claim with the PRTB


  • #4
    sarkozy
    Registered Users, Registered Users 2 Posts: 1,476 ✭✭✭sarkozy


    Can I just confirm that, as an alternative to assigning a tenant, while not in the contract, if the two parties mutually agree to terminate the lease in writing and do so on the basis that with sufficient notice (statutory) the tenants may retain the deposit, that that is possible?

    Presumably, the alternative is hope to assign new tenants and hope for a refusal and give the statutory notice?


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