Move out before end of lease

Crosswind

I signed a 1 year lease for an apartment this December and i would like to move out asap as there are lot of issues coming up everyday.
1) No soundproof at all. We can hear the people living upstairs even when they're just chatting (when they're walking, it sounds like a herd of buffaloes)
2) Water leaking under shower
3) The bedroom ceiling clearly has humidity. Feels damp and has brown spots.
4) Banging noises coming from the water pipes in the ceiling when radiator is on. Clearly there is some air in there.

I contacted the letting agency (who happens to be landlords as well) and they told me they can't do anything for most of the issues, so i decided that we will move out soon. Is there any chance i will get my deposit back as the apartment is clearly below standards or should i forget about it?

djimi

Write to the landlord informing them of all of the issues and keep a copy. Request a reply in writing. If they say that they are unwilling to fix or at least address the issues then you have pretty much a rock solid case for getting all of your money back (assuming your issues are genuine of course).

The issue of the soundproofing is probably not something can or will do anything about, but the other issues are ones which the landlord is obliged to at least look into fixing. The leaky shower is probably a faulty pipe/connection and needs attention, the damp may require a dehumidifier (or it may be down to how you heat/air out the room and may require some help on your part to fix) and the banging in the pipes, if serious enough, may require attention. All of these should at least be assessed by the landlord.

odds_on

Crosswind wrote: »

I signed a 1 year lease for an apartment this December and i would like to move out asap as there are lot of issues coming up everyday.
1) No soundproof at all. We can hear the people living upstairs even when they're just chatting (when they're walking, it sounds like a herd of buffaloes)

Probably a problem with the entire building and nothing can be done by the landlord to remedy this - just be thankful that you did not buy the apartment. Possibly boom time Ireland with poor design and workmanship.

2) Water leaking under shower

Not sure where the leak is coming from or going to, but should be repaired by the landlord in his own interests to avoid more severe damage in the future.
Furthermore, if you, or any tenant who has the same problem, if you do not notify the landlord (as djimi says, in writing and keep a copy) you are in breach of your obligations. Again, if you do not notify the landlord, he may at the end of the tenancy retain part of your deposit for the necessary repairs. If you have written evidence that you notified the landlord of the problem, he cannot retain any of your deposit for the repairs of same.

3) The bedroom ceiling clearly has humidity. Feels damp and has brown spots.

This could be a recurring problem or it may be due to your lifestyle within the apartment. Are you heating the apartment sufficiently? Is there proper ventilation in the room - a permanently open vent to the exterior or is this blocked up?

4) Banging noises coming from the water pipes in the ceiling when radiator is on. Clearly there is some air in there.

Although annoying to you, I do not believe that it would be a cause that would give you the right to terminate the lease agreement. It could probably be remedied easily by bleeding the system (though I am not a plumber so do not really know)

I contacted the letting agency (who happens to be landlords as well) and they told me they can't do anything for most of the issues, so i decided that we will move out soon. Is there any chance i will get my deposit back as the apartment is clearly below standards or should i forget about it?

You should always make a written complaint of any issues you have in your rented property and keep a copy. In serious matters, first contact should be preferably by phone or text followed by the written notification, giving the landlord a reasonable time to remedy any faults that he should do under his obligations. A reasonable time in most cases would be about 14 days or 7 days in more serious cases. If you do not give a time limit the problem may continue for weeks or months.

Summing up, from what you have told us, IMHO, I don't think that you have a reasonable cause to terminate the lease and retain your deposit - not yet at least.

caesarthechimp

Were you given a printed copy of the BER certificate before you signed the lease? If not, the lease may be invalid; see the BER thread on this forum.

Crosswind

Thanks for your replies guys.

@djimi
Concerning the pipes, they told me they can do nothing about it as they'd have to tear down the ceiling. The rooms are properly aired and temperature is always around 20 degrees (we have a 2yr old in the house)

@odds_on
Already notified them about all issues. Still waiting for a reply concerning the leak.
Also, tried to bleed the system myself (done it several times), but no luck. The worst thing is that it's the kid's room and it wakes him up every single night. I'm starting to suspect it is actually the pipes of the apartment on the upper floor.

@Enrate
Don't even know what BER is Will take a look at that thread.

Penguino

Yes you can move out within the first 6 months of a lease once you give 28 days notice. You are entitled to your full deposit back.

After 6 months you fall into what is known as a Part 4 Tenancy. There are plenty of thread on this forum about it

The letting agent will know about this.

djimi

Penguino wrote: »

Yes you can move out within the first 6 months of a lease once you give 28 days notice. You are entitled to your full deposit back.

No you cant, not with a fixed term lease. Once you sign a fixed term lease a part 4 does not apply until the fixed term has expired. You are expected to honor the terms of the signed lease unless the landlord has agreed to a break clause or otherwise agrees to allow you break the lease early (the former is possible but would have to be agreed when signing the lease, the latter is pretty unlikely, and would almost certainly carry a penalty of at lease your deposit if not more).

Penguino

OP

Under the Residential Tenancy Act 2004 both you and the landlord have rights and duties. If you feel that your rights are not being met then you are entitled to bring this up with the landlord.

A useful website is threshold.ie.

odds_on

Penguino wrote: »

OP

Under the Residential Tenancy Act 2004 both you and the landlord have rights and duties. If you feel that your rights are not being met then you are entitled to bring this up with the landlord.

A useful website is threshold.ie.

Yes, a very useful site. However, they usually quote for a Part 4 tenancy and forget to mention that it does not apply to a Fixed Term lease.

Originally posted by Penguino
Yes you can move out within the first 6 months of a lease once you give 28 days notice. You are entitled to your full deposit back.

After 6 months you fall into what is known as a Part 4 Tenancy. There are plenty of thread on this forum about it

The letting agent will know about this.

Did you get this from the Threshold site?
If there is a Fixed Term lease in place, a tenant or a landlord cannot break a fixed term lease except for breach of obligations or the terms of the lease by the other party, or by mutual agreement.

Yes, usually, a tenant acquires Part 4 rights after 6 months in occupancy. However, this does not preclude the terms and conditions of a fixed term lease. What it does do, is that it gives the tenant the right to stay in the property at the end of the fixed term if the tenant wishes - the landlord cannot remove (evict, if you will) a tenant at the end of a fixed term lease (although the lease then expires and exists no more) if the tenant wishes to stay. Also, the tenant can choose which type of lease he wants - another fixed term or a Part 4 lease, whichever suits his needs best.

djimi

odds_on wrote: »

What it does do, is that it gives the tenant the right to stay in the property at the end of the fixed term if the tenant wishes - the landlord cannot remove (evict, if you will) a tenant at the end of a fixed term lease (although the lease then expires and exists no more) if the tenant wishes to stay.

Is this true? I thought that a landlord was quite entitled to inform a tenant that they will not be staying past the end of the fixed term lease, provided they are given sufficient notice (ie not told on the day the lease expires to get out)?

odds_on

djimi wrote: »

Is this true? I thought that a landlord was quite entitled to inform a tenant that they will not be staying past the end of the fixed term lease, provided they are given sufficient notice (ie not told on the day the lease expires to get out)?

No wanting to go further away from the original question by the OP, I have started a new thread - At the end of a 12 month fixed term lease?

Crosswind

Enrate wrote: »

Were you given a printed copy of the BER certificate before you signed the lease? If not, the lease may be invalid; see the BER thread on this forum.

It seems I wasn't given a BER copy. However, from what I read on other threads here, what I understand is that it's an offence only and not a reason to break the lease.

odds_on

Crosswind wrote: »

It seems I wasn't given a BER copy. However, from what I read on other threads here, what I understand is that it's an offence only and not a reason to break the lease.

It is not yet considered a valid reason to break a lease on the grounds of no BER cert was viewed by a prospective tenant before signing a lease.

It is interesting to note that in any PRTB tribunal adjudications where non- viewing of a BER cert was an issue and brought up by the tenant, that the PRTB in their summing up and adjudication never mention the failure of not producing a BER cert by the landlord.

caesarthechimp

BER is a requirement since 2009. Its possible PRTB are waiting for some case law clarification before they make any pronouncements on whether such leases are valid or not. If a solicitor is involved with the lease, they will insist on the BER, just to cover themselves.

odds_on

Enrate wrote: »

BER is a requirement since 2009. Its possible PRTB are waiting for some case law clarification before they make any pronouncements on whether such leases are valid or not. If a solicitor is involved with the lease, they will insist on the BER, just to cover themselves.

I think any claim for breaking a lease for non-compliance of the BER cert must go through the PRTB before any case can be brought to the courts, especially the High Court which would be the only one which could set the precedent.

What a pity the Estate agents don't follow the example of the solicitors. You would think that the EAs Associations/federations would make a recommendation.