Breaking lease

scarymoon1

I signed a lease recently, it said 12 months on it. I now want to move out but the landlord told me as I signed the lease for 12 months I won't get my deposit back if no one else fills the room within the month? I gave a months notice. Is this the normal? Thanks

Uriel.

scarymoon1 wrote: »

I signed a lease recently, it said 12 months on it. I now want to move out but the landlord told me as I signed the lease for 12 months I won't get my deposit back if no one else fills the room within the month? I gave a months notice. Is this the normal? Thanks

You're on the wrong thread firstly. Secondly, we can't give you legal advice.

Having said that, in a hypothetical situation as described, you wouldn't be entitled to your deposit back. However, it may depend on the terms of your lease. Check the full detail of your lease and/or seek legal advice if you feel it necessary. But I wouldn't expect you to win any case.

Essentially you are in breach of a contract. That should be quite obvious. The landlord in some respects is being kind to you in terms of providing you with an opportunity to find an alternative tenant.

mtjm

Hi we would like more information on this?

1 when is the lease up,
2 can you afford to lose the deposit?


not sure about the legal end of breaking the lease as asking for legal advice is a no on here,

Edit:

I would have turned around and said you've lost your job and you've to move home, ok you may lose your deposit but it may be easier on you in relation to breaking contract

movingsucks

Hi,
Yeah it is sadly,
I broke a 12 month lease at 11 months and even though the Estate Agent dealing with it Said it would be fine the landlord sent us a letter ranting and raving about how we should've got someone else in for the last month so he kept the deposit.
I showed my lease and the letter to a relative who's a solicitor and he agreed with the landlord
Your lease might be different so if I were you you could contact Threshold or the PRTB they may be able to advise you.

scarymoon1

I've only signed the lease so it's up in 12 months time! I just thought it be grand if I just gave a months notice. I don't want to lose my deposit so looks like I'm stuck here for a year! Great!

Merkin

I don't think you will get your deposit back. You could however argue that you want to move out based on the fact that the house is filthy and what you deem to be uninhabitable (based on your previous thread). Have a think about going down that road but I'd only do so if you're happy to move on potentially without a deposit as you won't be able to stay there if you call the other tenants stinking tramps.

scarymoon1

I guess all I can do is stay here until someone takes over my room. That way there won't be a break in tenancy, as the landlord said.

Uriel.

Merkin wrote: »

I don't think you will get your deposit back. You could however argue that you want to move out based on the fact that the house is filthy and what you deem to be uninhabitable (based on your previous thread). Have a think about going down that road but I'd only do so if you're happy to move on potentially without a deposit as you won't be able to stay there if you call the other tenants stinking tramps.

I haven't read the op's other thread that you make reference to so obviously don't have a full understanding of the issue you mention. But in such a situation I don't think they could use it as a justifiable argument for breaking the lease.

Typically, you are supposed to inspect the property before taking possession and raise any concerns then and hold off signing lease until concerns are dealt with

scarymoon1

Uriel. wrote: »

I haven't read the op's other thread that you make reference to so obviously don't have a full understanding of the issue you mention. But in such a situation I don't think they could use it as a justifiable argument for breaking the lease.

Typically, you are supposed to inspect the property before taking possession and raise any concerns then and hold off signing lease until concerns are dealt with

I did inspect it but it's not turning out to my liking!

Lorna123

I would think that if you sign a lease for 12 months then you are obliged to stay for 12 months if the Landlord wants to persue this, but I can't see a Landlord taking that action. So I think that the landlord is being reasonable by saying that if the room is filled you can get your deposit back. He would not be obliged to say that. However, if the room has now become unbearable to you would it not be worth losing the deposit just to get out. Nobody can afford to lose money if they can avoid it but I am sure it is preferable to living in a place for the next 12 months that you are miserable in. I think you are lucky that you are only losing the deposit and are not forced to stay for the 12 months, as in the contract you signed.

djimi

If you want to break a fixed term lease then the only option available to you is to assign the lease to someone else. This involves first getting the landlords approval to reassign (if they refuse then you can legally leave with your deposit, less any deductions for repairs etc), then its up to you to find a suitable candidate to take over the lease. The potential tenant must meet with the approval of the landlord, who is entitled to assess the potential tenant using the same criteria that you were assessed on when you first took out the lease. If the landlord approves then the new tenant takes over your lease for the duration and you can leave you with your deposit (again less any deductions for damage etc).

Make you that all correspondace with the landlord is done in writing (registered letter is the only method that really counts), and that you have all agreements etc in writing and signed by the landlord.

This is the only legal way that you can break a fixed term lease. Contact Threshold if you are unsure of any aspect of it or for further information. If you choose to break a fixed term lease in any other way then the landlord is entitled to keep your deposit (technically they are entitled to persue you for the full amount of the years rent, but most wont bother as it is too time consuming and expensive).

scarymoon1

I dont suppose it would make a difference that on my lease it says I'm leasing out the smaller room yet I'm now in the bigger room and paying more money? Landlord didnt care much about leases when i said i want to pay more money and go into the bigger room! But its all laws and breaking leases when i want to move out. Money grabbers! Don't think I have the nerve to do anything anyways.

athtrasna

scarymoon1 wrote: »

I've only signed the lease so it's up in 12 months time! I just thought it be grand if I just gave a months notice. I don't want to lose my deposit so looks like I'm stuck here for a year! Great!

You signed a 12 month lease, guaranteed by your deposit, that you would rent the room for 12 months. And now you want to break that lease and are surprised that you would lose your deposit

ted1

How many days ago did you sign it? There is a cooling off period with contracts.

Milk & Honey

ted1 wrote: »

How many days ago did you sign it? There is a cooling off period with contracts.

Only with some distance selling and financial services contracts.

JustAThought

athtrasna wrote: »

scarymoon1 wrote: »

I've only signed the lease so it's up in 12 months time! I just thought it be grand if I just gave a months notice. I don't want to lose my deposit so looks like I'm stuck here for a year! Great!

You signed a 12 month lease, guaranteed by your deposit, that you would rent the room for 12 months. And now you want to break that lease and are surprised that you would lose your deposit

I agree with this guy.
It does seem very unreasonable.
Is there a particular reason why though?

djimi

ted1 wrote: »

How many days ago did you sign it? There is a cooling off period with contracts.

Not with rental contracts there isnt.

Victor

If the problem with the property is within the landlord's control, then deal with that issue first.

du Maurier

Would there be any mitigating circumstances within the lease on the landlord's part whereby it's found he/she isn't living up to their side of the lease, for example, the apartment/house is essentially advertised falsely to the tenant? An apartment rented out stating all mod cons etc that never/hardly worked upon entering the building?

I understand that one might be directed to the particulars of a lease in this case, but for argument's sake, if the lease was of a standard sort would this kind of criteria be a strong call to put it to a landlord that you wish to vacate in a number of months?

I also understand a person should be sure of the particulars/facilities within the house prior to renting, but one can't account for everything during a viewing, plus most people would take the letting agent/landlord at face value and wouldn't always suspect the abode to be grossly mis-advertised.

I'm experiencing an issue currently which is the bones of what I described, plus a number of other things which I find is making my living arrangement untenable.

I probably don't have a leg to stand on, but it seems very unfair.