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Early Termination of Rental Contract

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  • 04-06-2008 3:48pm
    #1
    rgiller
    Registered Users Posts: 1,074 ✭✭✭


    Hi all,

    I'm currently living in a house with 4 friends, where we've been since September 2007. The one-year lease will run out this September but 3 of them are planning on leaving Dublin in July as they have found jobs in new cities. We mentioned to the landlord about cutting the lease short by a few months and are prepared to stay out a 35 day notice but his response to that implied that we will then be in breach of contract and could stand to lose the deposit on the place. Not wanting to lose our deposits, the remaining 2 tennants would be prepared to stay if we could sublet the rooms, but I guess this could also be viewed as a breach of contract.

    Does anyone have any experience with this and is there any tennant-friendly legislation or rights we should know about before we get back to him?

    Thanks,

    Rob


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    #2
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    This comes up a lot here. If you can find someone to take over the lease for the last few months the landlord either has to
    a) let them move in and take over the lease (and you get your deposit back), or
    b) let you leave the lease early (and you get your deposit back).

    Check out prtb.ie for the specifics, I'd rather not give you too-specific advice in case i'm wrong :)


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    #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Note: the new tenants have to be satisfactory to the landlord- you can't just get anyone at all to take over (i.e. you will have to do the donkey work of finding reasonable replacements). If you leave without reasonable replacements insitu- you could potentially be liable for rent for any period that the apartment remains vacant (up to the original term of the lease).

    S.


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    #4
    ivory66
    Closed Accounts Posts: 29 ✭ivory66


    Hi,
    I'm currently moving out in the next two weeks from my rented accomodation. I got the property from an estate agent and spent a year there however changed to the landlord after that year to avoid paying another yr contract becos i knew i would not spent up to a year there. The landlord took over and agreed for me to pay monthly and give a month's notice before i leave. My child got a school placement in another county that has prompted me to leave half way through the month and i gave a month and a half's notice to the landlord. I informed them i would have to move out on the 30th of June however i pay on the 15th so the rent is on till July the 14th. Do I pay for only half the month instead of full considering that I have to pay my new rent from the 1st of July.


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    #5
    confuzed
    Registered Users Posts: 302 ✭✭confuzed


    rgiller wrote: »
    Hi all,

    I'm currently living in a house with 4 friends, where we've been since September 2007. The one-year lease will run out this September

    Rob
    yes you can leave with one month written notice after six months. If its landlord he has to give you deposit back but if you are dealing with letting agency, sometimes they put a clause for their charges per month. I left my previous house 2 months early and I got deposit back except agency deducted €60/month for their charges and she showed me a clause in tenant agreement. I don't know even that is legal or not but I never chased that.


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    #6
    confuzed
    Registered Users Posts: 302 ✭✭confuzed


    ivory66 wrote: »
    Hi,
    I'm currently moving out in the next two weeks from my rented accomodation. I got the property from an estate agent and spent a year there however changed to the landlord after that year to avoid paying another yr contract becos i knew i would not spent up to a year there. The landlord took over and agreed for me to pay monthly and give a month's notice before i leave. My child got a school placement in another county that has prompted me to leave half way through the month and i gave a month and a half's notice to the landlord. I informed them i would have to move out on the 30th of June however i pay on the 15th so the rent is on till July the 14th. Do I pay for only half the month instead of full considering that I have to pay my new rent from the 1st of July.

    easy, call your bank to cancel direct debit if its direct debit and deposit amount for next month directly into landlord account. And if directly paying to landlord just pay for the days you are renting in next month.


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    #7
    snellers
    Closed Accounts Posts: 465 ✭✭snellers


    I think it is worth trying to leave on good terms if possible without just cancelling direct debits/standing orders as that landlord / letting agency may be required to provide a reference for you if you plan to rent in the future - agree how you are going to proceed with them......these things can have a tendency of biting you on the backside in years to come if not careful

    hope it all works out for you!


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    #8
    ivory66
    Closed Accounts Posts: 29 ✭ivory66


    Hi,
    Thanks guys for the advice. I always try to avoid leaving in a bad way and have taught of that. I called the landlord and informed him that i would like to pay till 30th june however they are insisting that i pay till 14th of july which is 2 weeks after i leave. I reminded them that when we agreed on the monthly contract the termination was dependent on when my daughter's school would call me and they said as long as i give them a month's contract they are fine. I even went as far as giving them 6 wks notice the minute i got the letter from the school which i feel covers the 2 wks in question. They decided to sleep over it and call me back. I'm still waiting! What do i do if they insist on me paying the money. I do not have a direct debit in place, i pay into their account at the bank. Also have to think of my deposit.....
    Pls advice if i have any legal backing to this situation - good to know as well.


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    #9
    confuzed
    Registered Users Posts: 302 ✭✭confuzed


    ivory66 wrote: »
    Hi,
    Thanks guys for the advice. I always try to avoid leaving in a bad way and have taught of that. I called the landlord and informed him that i would like to pay till 30th june however they are insisting that i pay till 14th of july which is 2 weeks after i leave. I reminded them that when we agreed on the monthly contract the termination was dependent on when my daughter's school would call me and they said as long as i give them a month's contract they are fine. I even went as far as giving them 6 wks notice the minute i got the letter from the school which i feel covers the 2 wks in question. They decided to sleep over it and call me back. I'm still waiting! What do i do if they insist on me paying the money. I do not have a direct debit in place, i pay into their account at the bank. Also have to think of my deposit.....
    Pls advice if i have any legal backing to this situation - good to know as well.

    here is typical irish problem. You as a tenant need reference but LL don't need any reference from you.
    If you have given written notice and have a proof of that (In case they deny) you can and should deposit only for your remaining stay but same day.


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    #10
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    confuzed- would you like to clarify what you're saying please? :confused:


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    #11
    ivory66
    Closed Accounts Posts: 29 ✭ivory66


    Hi Guys,
    Well the LL has slept over it and still insists that I should pay the one month's rent. Even quoted a friend of their has a similar situation like mine and they made them pay the full rent. I explained the type of agreement but she said that doesn't apply in Ireland - used to live in england. I can forsee my deposit won't be returned to me when i go ahead and pay the half. What's the next step?


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    #12
    worded
    Registered Users Posts: 4,578 ✭✭✭worded


    Ive just speed read all this. Pay two weeks extra - It would be all laughed out of court (too expensive to take you there anyway)

    Dont pay them anything you dont have to. Deposits are a second income for a lot of Landlords. Apt / house leases are not that strong legally.

    References - Who cares. anyone can write a reference.

    A business friend of mine travelled all over the world and rented 35 properties. He didnt get one deposit back was screwed in every case.

    Do not be bullied into giving the fcuker a bean.


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    #13
    worded
    Registered Users Posts: 4,578 ✭✭✭worded


    smccarrick wrote: »
    Note: the new tenants have to be satisfactory to the landlord- you can't just get anyone at all to take over (i.e. you will have to do the donkey work of finding reasonable replacements). If you leave without reasonable replacements insitu-


    >>>>> you could potentially be liable for rent for any period that the apartment remains vacant (up to the original term of the lease).

    S.

    How many case of that have ever happened? If true, its so bad that the laws are so stacked against the tenant. In times of a stagnant rental marked - like now that could be a serious situation if acted on.


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    #14
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    worded wrote: »
    How many case of that have ever happened? If true, its so bad that the laws are so stacked against the tenant. In times of a stagnant rental marked - like now that could be a serious situation if acted on.

    Normally its simply not worth the time or effort on the part of the landlord to chase their former tenant legally, even if the letter of the law is on their side.

    Re: deposit- in Irish law it is legally ringfenced and is strictly for the reparation of any damage other than normal wear and tear, to include necessary reasonable cleaning, caused by the tenant. The landlord has no right to withold that money.

    At the end of the day- landlords do give good discounts on the monthly rent, to those who are willing to sign longer contracts- its a reflection of the lower cost associated to them (less vacant periods, not having to get new tenants etc). If you sign a contract specifying that you were willing to stay for a set period and then void your end of the contract- it cannot be without some sort of reprecussion. Certainly the unexpected does happen- but the reason this was brought in was in particular to remedy the large number of cases of students who were signing 1 year leases, full in the knowledge they were buggering off in June and wouldn't be back until September/October. This is also one of the big reasons a lot of more seasoned landlords will not even talk to very decent students who would keep their property in good condition.

    At the end of the day- the landlord *could* chase you for any unpaid money should the property remain vacant (up to and including the entire period of the original lease). They are obliged to return your deposit however.

    Re: the situation in England- while it has been practice not to return the deposit, this was highlighted very publicly and a number of prominent landlords named and shamed . Watchdog publicly humiliated a number of them, and along with court judgements and some incarceration for persistent offendors who refused to return monies- its a lot more a dangerous game to play these days than it was even two or three years ago.


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    #15
    ivory66
    Closed Accounts Posts: 29 ✭ivory66


    Hi all,
    Very interesting comments. Called threshold today for advice and they said i was to pay only to the 30th of June. I have not given any names yet and want to send an attachment of the mail i received from them to the LL - give them a chance to think about it - if not i'll take it up and leave the rest to fate! Better i miss half the money than full.
    However there's a clause that might shoot me in the leg if it goes to court - The termination letter i sent was an email attachment to the LL. The law specifies that i should have it signed. Now i do not know or have any information about where my LL lives. All i have is a phone no. and account no. and all communication is by phone or email. When i was still with the estae agents they informed me that the LL is always out of the country and would not give me any more info. I took it that they were reluctant to give me their addy so did not bother to push further. does this change the whole pic. or is the letter is valid considering that they've accepted the letter and its contents.


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    #16
    Afuera
    Closed Accounts Posts: 619 ✭✭✭Afuera


    smccarrick wrote: »
    Note: the new tenants have to be satisfactory to the landlord- you can't just get anyone at all to take over (i.e. you will have to do the donkey work of finding reasonable replacements). If you leave without reasonable replacements insitu- you could potentially be liable for rent for any period that the apartment remains vacant (up to the original term of the lease).
    Not too sure this is correct to be honest. The legislation simply says that a tenant can request the landlord assign the lease to a new tenant and that the landlord is allowed to refuse if they want. If the landlord allows it to be assigned I think it is assumed that the landlord is giving their seal of approval to the new tenants. If the landlord does not assign it and later wants to go after the previous tenants for any losses, then the onus would be on them to prove that the new tenants were not suitable. This is not so easy to do as a simple "I didn't like the look of them" is not enough.


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