Fixed year lease

Annabananna

Hey

I got a call form my letting agent yesterday saying LL wants the house back due to change in circumstance she split from her partner and now wants to move back in. This is fine her house no worries.

However we have a one year lease not up till 29th July 2014 so I said that finw she not renewing lease but the agent says oh we really be grateful if you started looking for somewhere now so she could move in ASAP.

I say we try lucky we found a house lat evening near the current place actually bigger but lower rent as on a different street so all good.

However my friend said if its a one year fixed lease are they not allowed break it in this fashion as she said if i was to break it i would have to buy myself out of it. I believed that a landlord can break these leases but a tenent has to buy themselves out of it unfair but so is life who is right me or my friend???

djimi

Fixed term lease is just that - a fixed term. She cannot claim part 4 termination clauses until the lease expires.

lollpop

As djimi says a fixed term lease is a fixed term lease. However, it sounds like it actually suits you to break the lease so if you both mutually agree then there isn't a problem. She cannot force you to vacate before the lease is up if it doesn't suit you though.

Annabananna

Well the letter has just arrived from agent and they saying on letter we have till end of lease but on fone they said they like us out early.

The conversation was recorded on my work phone but I have a new place now and i would imagine they never give me anything for leaving early.

Eldarion

Your friend is right. You hold all the cards here, you can force the LL to honor the fixed term lease if you so wish. But it does sound like they've approached you in this regard as asking for a favor and not forcing you out, and it does sound like an unfortunate time for your LL.

That being said I'd ask for the full, prompt return of your deposit prior to leaving as compensation for you doing her this large favor and for her not to pursue you for any minor issues / cleaning related fees etc.

Annabananna

Well there is no real point in backing out of new house when i have to move anyway its doesnt suit work wise as both myself and my husband are passing each other crossing over and back to uk for work for march and april but them are the breaks life throws at us. The biggest issue is getting the kids settled in the new place whenn we both not going to be there at same time but that cant be helped

garhjw

Eldarion wrote: »

Your friend is right. You hold all the cards here, you can force the LL to honor the fixed term lease if you so wish. But it does sound like they've approached you in this regard as asking for a favor and not forcing you out, and it does sound like an unfortunate time for your LL.

That being said I'd ask for the full, prompt return of your deposit prior to leaving as compensation for you doing her this large favor and for her not to pursue you for any minor issues / cleaning related fees etc.

yes i agree with this. The LL is in a tough personal position.

If you have already found somewhere close by that is a bonus for you. You could ask for the early return of your deposit so it can be used as the deposit for your new place. Agent might want to inspect to make sure the place is ok before doing so but you are in a strong position here.

Annabananna

I just rang agent the place needs to be intensive cleaned before they return the deposit so much for rewarding a favour. I told them i am away with work and could they advise a cleaner they be happy with they would provide their cleaner for 145eur if I take her on though them then they couldn't deduct stupid little cleaning thing from deposit could they??

djimi

There is no legal obligation for you to clean the place above and beyond "normal" levels, ie they cannot insist that you have the place professionally cleaned before you move out. I would not be having that from the agent.

Eldarion

Annabananna wrote: »

I just rang agent the place needs to be intensive cleaned before they return the deposit so much for rewarding a favour. I told them i am away with work and could they advise a cleaner they be happy with they would provide their cleaner for 145eur if I take her on though them then they couldn't deduct stupid little cleaning thing from deposit could they??

That's just the agency's process and standard line they take. They really don't have much skin in the game here, it's just you and the LL. Just be a little firmer with them ask them would the LL agree to waive this extensive cleaning nonsense in light of your agreement to break the lease early to benefit her. Ideally you should try to deal with the LL directly to come to an agreement.

Again the agency doesn't care if you're out tomorrow or out at the end of the lease, it's all the same to them, and in fact the extensive cleaning should be negated entirely by the fact that they're not attempting to relet the property after you vacate.

Annabananna

Well i spoke to agent again and i more or less said that as I was doing the LL a favour would there be leeway on the cleaning and got a firm no that the house is to extensive cleaned and otherwise there is no return of deposit.

Now I am thinking here why was I nice its just thrown back in my face.

The letting agent advised I cant communicate with the LL directly also.

Now as it suits me in a way to get their cleaner to do the cleaning as it means I have a whole weekend to unpack and have precious family time before flying out again I will take this route but if they play we holding the deposit card I will take the necessary steps to fight them.

sunnysoutheast

djimi wrote: »

There is no legal obligation for you to clean the place above and beyond "normal" levels, ie they cannot insist that you have the place professionally cleaned before you move out. I would not be having that from the agent.

....unless the property was (provably) professionally cleaned before handover. Perfectly reasonable to expect the same standard on moving out.

I'd actually be more concerned about the agency turning round and saying that the tenant is breaking the lease early. They have confirmed (in writing) that the tenancy will run until the end of the fixed term but have only verbally confirmed that it can end early by mutual agreement. I would be getting them to confirm that second part in writing.

Agent J

Ah yes the old cleaning issue.

I would highly recommend you take photos on your last day just before you leave. As already pointed out this just needs to be normal cleaned. This is just a piece of security in case the agent or landlord tries to get smart and keep part of the deposit for cleaning.

I'm not sure i'd be so co-operative here. At the very least the landlord could pay the cleaner themselves in return for you getting out early than the lease says.

djimi

sunnysoutheast wrote: »

....unless the property was (provably) professionally cleaned before handover. Perfectly reasonable to expect the same standard on moving out.

My point is that there is nothing to say that a tenant cannot do this themselves. And there is nothing in the tenancy act (that I can see) that compels a tenant to leave the property cleaned to a fully professional standard.

djimi

Annabananna wrote: »

Well i spoke to agent again and i more or less said that as I was doing the LL a favour would there be leeway on the cleaning and got a firm no that the house is to extensive cleaned and otherwise there is no return of deposit.

Tell them thats fine but it will take until the end of July for such an extensive cleaning to take place (you have work etc and can only put a few minutes a day into it), and if their client wants the property back sooner then perhaps they should consider doing you a solid and having it cleaned at their own expense if they want you out sooner.

Annabananna

I could do the cleaning myself and would if i was leaving at the original end date but because I am away working at the time this cleaning will need to be done I have to get soeone to do it I am going with their cleaning to try and cut out a CLEANING ISSUE but i foresee one happening as always I took a video when i moved in and sent it on to them will take one when i move out before any cleaning has taken place as I believe if I pay their person to do the cleaning then they cant say it not up to their standards.

The law says nothing only house must be clean their is nothing to cover this kind of situation it seems whether they do anything to repay my kindness is up to these agents who dont seem to want to acknowledge my act of kindness but sure I am a nice person cant help it if they aren't....

sunnysoutheast

djimi wrote: »

Tell them thats fine but it will take until the end of July for such an extensive cleaning to take place (you have work etc and can only put a few minutes a day into it), and if their client wants the property back sooner then perhaps they should consider doing you a solid and having it cleaned at their own expense if they want you out sooner.

The OP would presumably have to pay rent on the place until July, I thought that they had already found somewhere else so it suits them to move?

Annabananna

sunnysoutheast wrote: »

The OP would presumably have to pay rent on the place until July, I thought that they had already found somewhere else so it suits them to move?

Yes we have found somewhere else and no point in paying rent for two places the 145eur is cheaper.

sunnysoutheast

Annabananna wrote: »

Yes we have found somewhere else and no point in paying rent for two places the 145eur is cheaper.

OK, the only thing I would advise is getting confirmation from the agent in writing that you can move on without penalty, I wouldn't be telling them that you have found a place yet.

Annabananna

Hey thanks for all your replies OP here.

I went on the PRTB website and the tenancy not registered.

Now I am raging as would you imagine going though a letting agent this should be done.

Along with that I spent the whole day begging for a reference letter just to get it now even though I asked for it first Tuesday afternoon.

Am wondering should I wait and see how the return of the deposit goes and then spring it on them that if I dont get what I am due back I advise the PSR about they not registering the tenancy and the PTRB & revenue on the landlord or should I leave it??

djimi

The PRTB can be slow to update that list of registrations on the website. Just because your tenancy isnt up there doesnt mean that its not registered.

You also have no idea about the landlords tax situation, so Im not sure what a call to Revenue will achieve.

Annabananna

Hey

Sorry meant to say I rang the PTRB and they confirmed that this house has never been registered with them and it has been rented for at lease five years.

Re revenue if the house is not registered with PTRB they don't flag it on the owners return for the rent to be declared so no harm in helping them there as a good law abiding accountant.