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  • 07-08-2016 8:02pm
    #1
    Ncj
    Registered Users, Registered Users 2 Posts: 39 ✭


    Can anyone give me advice. I've signed a lease for apartment and gave deposit 1300 was due to move in on the 5th as that's when the current tenant was leaving however her place has fell through she was suppose to move to so she wants to stay where does it leave me have I any rights?


Comments

  • #2
    JP 1800
    Registered Users, Registered Users 2 Posts: 389 ✭✭JP 1800


    Do you have a copy of the lease?


  • #3
    Ncj
    Registered Users, Registered Users 2 Posts: 39 ✭Ncj


    JP 1800 wrote: »
    Do you have a copy of the lease?

    I do have a copy I signed. And the landlord and agency All got one too


  • #4
    JP 1800
    Registered Users, Registered Users 2 Posts: 389 ✭✭JP 1800


    Is the Lease countersigned by the landlord or agent, the reason why I ask is that if it is countersigned you have evidence of what can be described as a contract. I cannot and will not give legal advice but you have two options, first is to get your deposit back and look elsewhere or the second is to demand that the lease is honoured.


  • #5
    Ncj
    Registered Users, Registered Users 2 Posts: 39 ✭Ncj


    JP 1800 wrote: »
    Is the Lease countersigned by the landlord or agent, the reason why I ask is that if it is countersigned you have evidence of what can be described as a contract. I cannot and will not give legal advice but you have two options, first is to get your deposit back and look elsewhere or the second is to demand that the lease is honoured.

    I basically signed the terms of contract all 3 of them. So each one of us could keep a copy. That was done on the 2nd. And I was due to get keys on the 5th to where I was then told she's not moving now she's in contract till September however she did give written notice to end her contract so would it still stand she can stay or has to leave if I demand I want to go in as the demand for housing is crazy nowadays you going to viewings with a good gang of people I was lucky to get this.


  • #6
    Sad Professor
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Technology & Internet Moderators Posts: 22,693 CMod ✭✭✭✭Sad Professor


    You sure they aren't spinning you a yarn? Are they eager to give you the deposit back or do they expect you to wait?

    Even in the current dysfunctional market, signing a lease before taking possession seems very unwise, especially when there's tenants in situ.


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  • #7
    Ncj
    Registered Users, Registered Users 2 Posts: 39 ✭Ncj


    Sad Professor wrote: »
    You sure they aren't spinning you a yarn? Are they eager to give you the deposit back or do they expect you to wait?

    Even in the current dysfunctional market, signing a lease before taking possession seems very unwise, especially when there's tenants in situ.

    The agency man is saying look hopefully we get the girl sorted with a place it just a matter of time for me to move in. However I don't have the time as the property I'm renting at the moment has gone to receivership. First week in sept I'm out thought I would of well being in the new place.

    Just really want to know does her contract still stand for her it's up in September so even if you know would she have to be out in September or have to be given notice of a certain amount of days? Really she shouldn't have allowed the agency man to place any viewings etc till she knew she had a secure place


  • #8
    Sad Professor
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Technology & Internet Moderators Posts: 22,693 CMod ✭✭✭✭Sad Professor


    It's the agent/landlord's fault for not waiting until the property was vacant.

    Whether her contract still stands or not doesn't really affect you. She's in possession and if she chooses to over-hold it will take some time for the landlord to get her out. Even if she wants to go, if the alternative is homelessness or somewhere totally unsuitable to her needs, she's not going to leave, nor should she. She's probably been the burned the same as you.

    Either way the property is currently unavailable. You should ask for your deposit back and start looking for another place. Tell them if they sort things out in the meantime you'll give it back and re-sign. But I'd be very wary about leaving them with your deposit while the excuses mount.

    I can't comment on where you stand legally re: the lease. Some of the solicitors around here might be able to advise about whether you could take action against the landlord/agent.


  • #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Sad Professor wrote: »
    I can't comment on where you stand legally re: the lease. Some of the solicitors around here might be able to advise about whether you could take action against the landlord/agent.

    That would be legal advice, giving or seeking legal advice is against boards rules ;)


  • #10
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    It is quite likely that the landlord has not signed the lease and the deposit will have been paid subject to contract. In that situation, there is no binding contract and you can look for your deposit back. There is not much else you can do. The RTB won't get involved as you are not a tenant until the LL signs. You should check that the agent is registered with the PSRA. If they are you could take a chance they will sort it out.


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