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Grounds for breaking lease

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  • 07-01-2015 7:43pm
    #1
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭


    I've been in a house for almost 2.5 years now. The house was advertised that it came with a parking space originally. The front of the house and the parking space associated with the house is in a public space. In the past 8 months or so cars have continuously taken our space (which is not actually marked as private or such) and this means if the limited spaces around the house are taken I've had to park quite a bit away which is obviously rather annoying. I've emailed the letting agency twice in the past few months but they have not responded. Do I have grounds to break the lease and receive my deposit back?


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    #2
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Is it a private spot as in private land owned by property owner or is this just public road or area.

    Don't see you having a case staying 2.5 years and only an issue now.

    If private owned why not put a fold up/down barrier.


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    #3
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭MuddyDog


    Area outside is public. Not private owned.


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    #4
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    As advertised means nothing. Unless it was in signed lease, but frankly after 2.5 years you won't be taken seriously by the letting agent. If it doesn't suit you, give the required notice and find another apartment this time with a private space linked to the apartment.


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    #5
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    If public as you say then I am sure you are aware anyone can park there.

    Get a fold up bike if distance is really far from where you can get a space.


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    #6
    Victor
    Registered Users Posts: 78,299 ✭✭✭✭Victor


    Did you renew the lease at the start of the year?


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    #7
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    Is it a public road, do you have a residents parking permit?


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    #8
    Mrs OBumble
    Registered Users Posts: 25,740 ✭✭✭✭Mrs OBumble


    Was the area at the door public space when you signed the lease?

    I don't think you have a leg to stand on, unless the parking space has (somehow) changed from being private / exclusive use to public space during that time.


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    #9
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭MuddyDog


    Signed a lease back in August. Runs up until end of August this year which will be 3 years at the same place. If I wanted to leave the house, what notice do I have to give and will I lose my deposit?


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    #10
    endacl
    Registered Users Posts: 22,240 ✭✭✭✭endacl


    MuddyDog wrote: »
    Signed a lease back in August. Runs up until end of August this year which will be 3 years at the same place. If I wanted to leave the house, what notice do I have to give and will I lose my deposit?

    Notice info will be in your lease. You did read the lease before signing it?


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    #11
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭MuddyDog


    endacl wrote: »
    Notice info will be in your lease. You did read the lease before signing it?

    Yeah. Just need to dig it out now so I can remember that notice period. If the notice period is say 2 months does that mean I will receive my deposit back providing I pay for those 2 months?


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    #12
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    MuddyDog wrote: »
    Yeah. Just need to dig it out now so I can remember that notice period. If the notice period is say 2 months does that mean I will receive my deposit back providing I pay for those 2 months?

    Get it back how? Whatever the case, notice must be served, and an inspection carried out, after you leave to determine if there are any deduction from the deposit to be made. It sound like you are in the middle of the lease. Still no answer from you if the space is on a public road.


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    #13
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    If you signed a fixed term lease until August you are liable for the remainder of the lease and rent until then.

    You may reassign the lease with the agreement of the landlord. You should really talk to them.


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    #14
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭MuddyDog


    It's a public road, yes.


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    #15
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    MuddyDog wrote: »
    It's a public road, yes.

    Then you don't own the parking space. If access is blocked to a driveway, then that would be a seperate matter.


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    #16
    spaceHopper
    Registered Users Posts: 3,972 ✭✭✭spaceHopper


    If you have rights to the space - aka it belongs to the house then make the agent sort it out go buy some paint and make it more visible as private. Put notes on cars that park there asking them not to - but be nice about it.
    If it's in the street and not private but LL tried to claim it then there is nothing you can do about it -except leave in an orderly manner but are you not taking it a bit far if everything else about the house is fine so what if you have to park in the next street. If you move you could end up with higher rent living next door to a mass murder death metal fan. (sorry if I've offended any metal fans)


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