brake rental agremenmt

tonyheaney

My friend wishes to terminate rental agreement of their home one month after signing the said terminate rental agreement. they have just completed a one year rental on the home so they are starting the 1st month of the seconds year.

these are the following reasons for reasons they wish to terminate rental agreement early.

1. The house was broken in to one month after the agreement was sign, the thieves took only the safe and left behind Apple ipad 2, expensive watch, 2 phones and other items (while they had these they choose to take the safe instead which only contained passports.) and as such they do not feel safe in the house as they could return at any time.

2. They asked for an alarm to be installed but the landlord at first refused. After gentle persuasion the landlord then had the alarm and installation valuated and he said if they did have one install then the rent would be increased by €20 in 2nd year contract and then increased to €50 in the 3rd year should they decided to stay.

3. My friends wife is expecting her 3rd child and as a result of coming home and finding the house broken in to she almost miscarried the child. Naturally the house feels violated and they no longer feel safe and wish to move.


They had paid a deposit and want to get this back from the property manager/Letting Agent. So what i need to find out is:

Can they get this deposit back? yes or no?

Will they have to continue the contract until it ends naturally in 21 months? yes or no?

leave in 30 days and get the deposit back? yes or no?

what options are they entitled to?

Paulw

The house being broken in to is not the fault of the landlord.
There is no obligation on the landlord to provide an alarm for the premises, so to have the rent increased to fund the alarm installation sounds reasonible.

In short, there is a contract in place. The terms of the contract would have any clauses for early termination. Otherwise, if they breach the contract, they would be liable for further costs and would have no claim on the deposit.

They can contact Threshold or the PRTB for clarification on their lease.

desbrook

Even if you only use "radio show " law here the tenants have really no case to break their contract penalty free . They weren't naïve newcomers only a few weeks in the area/house . They had spent an entire year previously there and the presumption must be that they were happy with everything because they renewed the contract .

In fairness they aren't even trying to say that the locks were defective etc - just that the house could do with an alarm - AN EXTRA . With an extra feature comes extra rent the landlord says and that seems fair . Also fair is his extra rent - a mere 20/50 euro a month . Nobody can accuse him imposing an artifically high increase because he doesn't want to have to install it .

tonyheaney

desbrook wrote: »

Even if you only use "radio show " law here the tenants have really no case to break their contract penalty free . They weren't naïve newcomers only a few weeks in the area/house . They had spent an entire year previously there and the presumption must be that they were happy with everything because they renewed the contract .

In fairness they aren't even trying to say that the locks were defective etc - just that the house could do with an alarm - AN EXTRA . With an extra feature comes extra rent the landlord says and that seems fair . Also fair is his extra rent - a mere 20/50 euro a month . Nobody can accuse him imposing an artifically high increase because he doesn't want to have to install it .

While i understand what you are saying they did live in relative happiness for a year. They went out for 45 minutes they returned to find they had been burgled. its not a nice feeling to know someone was rifling through your personal belongings and you feel violated but ore so scared that they could come back. So even though its not the LLs fault they don't feel safe in the house and wish to move.

Bepolite

Sub let / transfer the lease of the property as is your/their/hypothetical Jimmy's right.

I'm sorry to sound harsh but it seems the people in the scenario want to simply walk away, washing their hands of the situation. Leases and contracts work both ways. There are a number of options open to the parties, requiring little more than either a) a nominal payment each month, or b) a small amount of effort to find new tenants.

I'm also not sure what you/they think an alarm will accomplish. I don't know about you, but living in urban Dublin, the only thing they are is an annoyance. If they want an effective solution it will need to be a monitored alarm, which will have an ongoing cost.

Paulw

tonyheaney wrote: »

While i understand what you are saying they did live in relative happiness for a year. They went out for 45 minutes they returned to find they had been burgled. its not a nice feeling to know someone was rifling through your personal belongings and you feel violated but ore so scared that they could come back. So even though its not the LLs fault they don't feel safe in the house and wish to move.

While I totally sympathise, it is not a valid reason to breach the contract.

If they wish to move, they will have to face the financial consequences, such as being liable for the rest of the lease, until the landlord can replace tenants, plus loss of their deposit.

There is no reason why the landlord should be penalised and out of pocket.

At least your friends were unharmed, and hopefully their insurance covered any loss.

tonyheaney

HI all

Thank you for all the information you haver provided me. I will now closes this thread.

Tony