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Lease backtracking

  • 08-11-2016 11:46pm
    Registered Users Posts: 1

    Hi, I'm a new landlord and I have signed a lease with a registered short-let business who will sublet my property. The lease was signed October 15th, to begin October 27th. Work/renovation was being carried out before then. The new lesees wished to take charge of the renovations (which they had written into the lease i.e. that I would cover certain costs up to a specified limit) but finally they were not contactable when the floor fitter needed access (on the date that had been agreed), nor had they agreed to leave the key with the fitter in advance. The floor fitting was postponed by twelve days and the lesees now want to postpone the lease start until then. In the meantime, they have already shortlet the place and made money therefrom.
    Is it straightforward that the lease has begun as agreed and they must take responsibility for whatever unforseen delays they have incurred? Aside from the floor, all work ongoing in the apartment is what they have contracted themselves. The apartment is not currently occupied, because of their ongoing renovations.
    In addition, some new unforeseen costs have been incurred, sending the renovation costs over the limit agreed in the lease ( required after bathroom refit). Where does the landlord stand in relation to these new costs?


  • Registered Users Posts: 1,447 ✭✭✭davindub

    In general:

    "to begin October 27th" = start date unless terms in contract state can be delayed due to x, it cannot be changed by 1 party to the agreement. Consideration has passed due to lessee taking possession of the property.

    Interior design = in absence of agreement for you to cover cost is usually not your concern. Your specified limit of expenditure in the contract is the specified limit, unless term stating can increase.

    You can more than likely rely on the start date without legal advice (read the contract yourself), but you should really have gotten legal advice before signing the contract, who insures the property? Are all the terms valid, Is it a long lease, short term lease, different levels of responsibility for the maintenance will be assumed according to normal practice in the absence of agreement. Short leases will generally have more responsibility in regards the fabric of the building, etc. Also your tax treatment of the investment may have also changed.

    These guys sound amateurish, you might as well get your solicitor on speed dial now.

  • Registered Users Posts: 37,295 ✭✭✭✭the_syco

    davindub wrote: »
    These guys sound amateurish, you might as well get your solicitor on speed dial now.
    To flip this; if they know that you're new, they may know more than they're letting on. Thus as said above, best get a solicitor sharpish before they fcuk you over.