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Breach of lease?

  • 08-09-2012 3:33pm
    #1
    Renno123
    Registered Users, Registered Users 2 Posts: 338 ✭✭


    I signed a lease 3 days ago with an estate agent acting on behalf of a landlord.
    We put the deposit down to secure the house but had to wait 8 days before we could get a lease. when demanding my deposit back they told me it was too late to get it back.. so we decided to proceed with the property.
    we got the keys but on meeting the landlady we were told the appartment which is joined onto the house also shares the same electricity and heating :eek: . for arguements sake they could have the heating on 24/7 and we would be liable. this was never mentioned when we specifically asked about the appartment next door. we were told that the bills were changed over into our name.
    I am so mad. I know the others wont want to move but i dont feel like i should be responsible for a seperate dwelling.
    and another problem. .
    we signed the lease with the estate agent , but we have now been given a separate lease by the landlady :confused: it states we are responsible for the maintanance of the grounds and muct have the windows cleaned 4 times a yr ?? this is a whole new lease.

    is there a breach in the original lease due to failure to declare significant information?


Comments

  • #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    You are liable to terms of the original lease- not the amended one the landlord is now presenting. If you agree to the original terms in the original lease which you signed- fine. If there are significant material differences between what you signed, and what you are now being presented with- you have just grounds to vacate the lease, citing non-compliance by the landlord. It would probably involve lodging a complaint with the PRTB. If I were in your position- I would sit down with the estate agent- explain to them that you received clarification (hopefully in writing?) of the issues you had concern with- and signed the lease they offered you, based on the contents of the lease. Your landlord is now presenting you with a materially different lease- if they fail to honor the original lease, they are in breach- and you will pursue the matter (the landlord via the PRTB, the Estate Agent via the Small Claims Court). Leave the ball in their court. They should be able to rectify matters for you- if not- you know what you have to do.......


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