Lease terminated early by landlord. Who is liable for cancellation fees?

Grump3 · 07-06-2018 11:53AM #1

Hi all. Our landlord has unexpectedly cancelled our lease early due to them looking to return and use the house as their home. The issue we are now presented with are cancellation fees totaling nearly €400 for utilities (gas, elec, bins) and tv/broadband. Where we are moving to already has all bills in place so we will not be transferring any.

My question is, do we have any rights to claim these costs from the landlord or are we stuck and these costs are our own to deal with? Thanks.

Graces7 · 07-06-2018 12:00PM

Grump3 wrote: »

Hi all. Our landlord has unexpectedly cancelled our lease early due to them looking to return and use the house as their home. The issue we are now presented with are cancellation fees totaling nearly €400 for utilities (gas, elec, bins) and tv/broadband. Where we are moving to already has all bills in place so we will not be transferring any.

My question is, do we have any rights to claim these costs from the landlord or are we stuck and these costs are our own to deal with? Thanks.

What notice has he given you?

Grump3 · 07-06-2018 12:03PM

We received a properly drawn up termination notice within the time allowed by the RTB. It was officially checked over to confirm it complied with the rules.

ELM327 · 07-06-2018 12:04PM

If you have a lease (fixed term) with no break clause then he cannot cancel the lease.

If you have a lease (fixed term) with a break clause then the break clause specifies who (if anyone) has to pay anything.

If you do not have a fixed term lease then the part4 terms apply, in which case he must give the relevant notice as outlined in the Residential Tenancy Acts, but is not liable for any costs

seagull · 12-06-2018 06:19PM

How long have you been in the property?

Would the landlord not take over any of the existing services? They will at the very least need electricity, gas and bins.

ted1 · 13-06-2018 07:16AM

As reagards the law I don’t know , but ethical the landlord would be.

What you need to do is to contact the utilities and change address, explain the situation and they should just keep your account / contract open but just tie it to a new address thus avoiding fees

Graces7 · 13-06-2018 07:33AM

ted1 wrote: »

As reagards the law I don’t know , but ethical the landlord would be.

What you need to do is to contact the utilities and change address, explain the situation and they should just keep your account / contract open but just tie it to a new address thus avoiding fees

With power, I close off my account with taking a final reading, and transfer back to landlord. Then register at new address with the new MRPN number there.

ted1 · 13-06-2018 07:52AM

Graces7 wrote: »

ted1 wrote: »

As reagards the law I don’t know , but ethical the landlord would be.

What you need to do is to contact the utilities and change address, explain the situation and they should just keep your account / contract open but just tie it to a new address thus avoiding fees

With power, I close off my account with taking a final reading, and transfer back to landlord. Then register at new address with the new MRPN number there.

There should be a transfer address rather than account ;

https://www.electricireland.ie/residential/online-services/moving-home

Lease terminated early by landlord. Who is liable for cancellation fees?

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