Breaking a lease

Pixie84

In Dec we signed a 12 month lease. Due to financial circumstances we cannot afford to stay here and landlord won't drop rent. I want to move but is there any way I can do this without losing my deposit and being liable for rent for the remainder of tenancy?

ProudDUB

Find another suitable tenant to take over the remainder of your lease. If you can do that, and the landlord is not out rent for any amount of time, the he can not with hold your deposit, or pursue you for the rent for the remainder of the tenancy. If you do not do that and you just up and leave, he can. The new tenant can't be just anyone. They will have to meet the same that you did, such as providing former landlord references, job refs, proof of income etc etc.

Pixie84

That's what I was thinking of doing but how would that work-we found this place through a letting agent so would landlord have to readvertise with them (because he might not want to pay again or go through hassle etc) or could I advertise it myself?

ProudDUB

First of all, communicate with your land lord. Tell him what is going on. Do it via the letting agent if that is the only way to communicate with him. Get his permission to seek out new tenants of the apt. If he has any sense, he won't say no. He may decide that he be the one to do all the viewings, so that he can pick and choose who he wants living there. Or he may tell you to do it, and then let the letting agent know when you have found someone suitable. You won't know until you ask him.

If he tells you to handle it, it is up to you to bear the cost of advertising and showing the property to prospective new tenants. Take some nice pictures of the apt, and put them and your contact details up on Daft or MyHome. Then make arrangement with your partner as to which of you will handle enquires about the property and do the viewings.

The odds of the letting agent advertising the property and doing the viewings for you are slim. They would charge the landlord a hefty finders fee to do that. Why would he want to pay them to do that all over again, when he had to pay it back in December?

When you have found suitable tenant, forward their information to the letting agent. They will forward it to the landlord. If they agree that the new person is ok, they will go out to the letting agents office and sign a lease. They will pay a deposit to the letting agent, and your original deposit will be returned to you. You and the new tenant agree on move out and move in days to be as close as possible (on consecutive days possibly) so that the landlord is not out any rent.

Last summer, I took over the lease of a couple who had to move to the US at short notice. That is how it all worked for me. The people I took over from said the apt was on Daft for about a week, and they did about 10-12 viewings in all before I came along. This was in mid May. They moved out on May 31st, and I moved in on June 1st. It all went very smoothly.

odds_on

Just to add the legal side to ProudDUB's informative post and from a tenant's point of view.

Firstly, do everything in writing and keep a copy. If you communicate by phone, confirm in writing "re our phone conversation of today/yesterday".

Ask the landlord/his agent for permission to "assign" the tenancy. He will probably agree because if he refuses, you can leave with the appropriate written notice giving 28 days and have your deposit returned in full.

With the landlords agreement to an assignment it is your responsibility to find a tenant who is suitable to the landlord after his vetting checks etc. Failure to find a tenant (at your expense), and if the landlord has to find the tenant, you are responsible for his reasonable costs (letting agents fees, advertising etc.). Furthermore, if you leave the property before a tenant has moved in, you are liable for the rent until the new tenant moves in and this may be taken from your deposit - so the deposit will be retained by the landlord until he knows how much rent is due.

If a tenant just leaves, the landlord is entitled to retain the full deposit in lieu of lost rent, expenses in finding a new tenant and in damages for breaking the lease.

The_Conductor

odds_on wrote: »

If a tenant just leaves, the landlord is entitled to retain the full deposit in lieu of lost rent, expenses in finding a new tenant and in damages for breaking the lease.

The landlord is only entitled to use the deposit for specified purposes (namely the restitution of any damage over and above normal wear and tear that the tenant may have caused). Its a common misconception that the full deposit may be retained in lieu of lost rent- in actual fact, the landlord is entitled for all rent due while the property is vacant (up to the end of the lease) or if a new tenant is found for the property but only at a lower rent than specified in the original lease- the original tenant is liable for the difference between the rent accruing and that specified in the original lease, up to the date that a specified rent review is scheduled in the original lease (or at the elapse of the original lease- whichever is first).

The tenant is potentially liable to the landlord for a whole lot more than the deposit- and given the unique Irish/UK situation of the deposit only being for one month's rent, this causes a whole lot of grief (and PRTB cases).

odds_on

smccarrick wrote: »

The landlord is only entitled to use the deposit for specified purposes (namely the restitution of any damage over and above normal wear and tear that the tenant may have caused). Its a common misconception that the full deposit may be retained in lieu of lost rent- in actual fact, the landlord is entitled for all rent due while the property is vacant (up to the end of the lease) or if a new tenant is found for the property but only at a lower rent than specified in the original lease- the original tenant is liable for the difference between the rent accruing and that specified in the original lease, up to the date that a specified rent review is scheduled in the original lease (or at the elapse of the original lease- whichever is first).

The tenant is potentially liable to the landlord for a whole lot more than the deposit- and given the unique Irish/UK situation of the deposit only being for one month's rent, this causes a whole lot of grief (and PRTB cases).

DR1555/2008 The Respondent Landlord is entitled to retain the Applicant Tenants security deposit in the sum of €450 being damages for the early termination of a fixed term lease without notice......

DR1544/2008 Tenants shall pay the sum of €7,400.00 to the Applicant Landlords, comprising of the sum of €4,400.00 for rent arrears, and the sum of €3,000.00 damages for inconvenience, disruption and stress caused to the Applicant Landlords

Ref: DR179/2008 Tenants breached their obligations Landlord is entitled to retain the security deposit of €1,200 as damages for loss of rental income and for repairs and maintenance in excess of normal wear and tear

DR493/2009 The Respondent Tenant shall pay €2,000.00 damages for breach of tenant obligations, less the security deposit of €750.00

DR1386/2008 The Respondent Tenant shall pay €5,250 to the Applicant Landlord within five days from the date of issue of this Order being €3,750 for arrears of rent and €1,500 for breach of the Tenants obligations under the Act,