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Breaking a Lease Agreement?

  • 28-04-2015 10:13am
    #1
    Registered Users Posts: 1


    Me and my housemates have to decided to leave our rented house but the problem stands that our lease is not up.

    I realise that I am liable to pay for the duration of the lease, but I feel there has been some discrepancies on the broker's part. On the 18th of March we asked for a renewed lease of three months, which would have taken us to June 18th. A month later I rang to ask why we have still not received a new lease and was told the lease was not up until the end of April and would be renewed for three months after that. This is not true. I was told the day I moved in that the lease was up on the 18th of March and received numerous calls from the rental agency in the run up to this date, asking if we would be renewing the lease.

    Not only this, when it finally did arrive (six weeks later), the lease was addressed to a person who none of us have met or ever heard of, it stated that it was a six month lease rather than the agreed three month period and didn't even have my name on it, but rather the name of a woman who lived here previously. On top of all this, none of us have ever received a copy of the lease agreement. I know we are partly to blame for this, because we never asked for a copy but I feel the rental agency are at fault somewhere here. We never signed this new lease because of all the mistakes. Do we have any room to maneuver with breaking this 'lease', especially since it hasn't been signed?

    Please help me I'm looking for honest help and answers here.


Comments

  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,288 CMod ✭✭✭✭Pawwed Rig


    Hiow long are you in the property?
    Whose name is on the lease?
    Do you live with your Landlord?
    What is the current status of your lease as your post in very confusing?


  • Registered Users Posts: 25,653 ✭✭✭✭Mrs OBumble


    What date is on the lease that you did sign? That's all that matters here.


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    If your lease was up March 18th and you haven't signed another fixed term lease agreement you are now on a part 4 and can give the appropriate notice for termination of your tenancy. Think it might be 52 days or there abouts (depending how long you have been there). You can confirm this elsewhere as I just have this number in my head. If your end of lease date was in fact the end of April the you still have a couple days to pack your things and get out or give the adequate notice as a gesture of goodwill. You prob should give some notice. Also I think the estate agent may charge you for re advertising costs? If you have not signed a new fixed term lease then you are under no obligation to stay for any length of time that the estate agent is requesting.

    You should know the date you moved in last year yourself?? Usually you lease would end on this date the following year! Did you move in, get keys March 18th or end of April??


  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Here are the notice requirements of you are on a part 4 tenancy:

    Required notice periods
    You must also give the required period of notice as set out in the table below.

    Length of tenancy Required period of notice by tenant
    Less than 6 months 4 weeks (28 days)
    6 months to 1 year 5 weeks (35 days)
    1 to 2 years 6 weeks (42 days)
    2 or more years 8 weeks (56 days)

    So if you are on part 4 and have therefore been there less than 6 months from the end of your fixed term lease I think you only need to give 28 days notice.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,288 CMod ✭✭✭✭Pawwed Rig


    Sligo1 wrote: »
    If your lease was up March 18th and you haven't signed another fixed term lease agreement you are now on a part 4 and can give the appropriate notice for termination of your tenancy.
    not neccesarily. It is not clear whether the op qualifies. For example how long are they in the property?


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  • Closed Accounts Posts: 3,948 ✭✭✭Sligo1


    Pawwed Rig wrote: »
    not neccesarily. It is not clear whether the op qualifies. For example how long are they in the property?

    I took from the OP that they signed a 1 year fixed term lease in either March or April last year. If this is correct and they signed the lease in March last year they are now currently (automatically) on a part 4 lease and part 4 terms apply.

    Just to add: just reread the OP there and it really isn't totally clear if it was the OP who took the fixed term lease intially last year or whether they moved in for example half way through...


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