Estate agent trying to keep deposit

cantdecide

I signed a standard 12 month lease at the end of January and I decided that things aren't working out. Nothing drastic but I just can't warm to the place mainly because of poor decor (even for a rented house) and minor disrepair.

I re-read my lease and I rang the landlord last night and told him that I wanted to give him 28 days notice. I got a call from the estate agent that I used in January just a while ago who told me that I'd lose my deposit because it was a 12 month contract that I'd signed. There was no mention of losing deposits in my lease only that everything is based on the 2004 regulations.

Are they just trying it on??

oflahero

cantdecide wrote: »

I signed a standard 12 month lease at the end of January and I decided that things aren't working out. Nothing drastic but I just can't warm to the place mainly because of poor decor (even for a rented house) and minor disrepair.

I re-read my lease and I rang the landlord last night and told him that I wanted to give him 28 days notice. I got a call from the estate agent that I used in January just a while ago who told me that I'd lose my deposit because it was a 12 month contract that I'd signed. There was no mention of losing deposits in my lease only that everything is based on the 2004 regulations.

Are they just trying it on??

Look for the words "FIXED TERM LEASE" in the text of the contract. If they are, then you have effectively promised to pay the full 12 months' rent. Technically, you may be legally pursued for the full amount, but that extreme's unlikely to happen unless you've really managed to get up the landlord's nose.

cantdecide

When I spoke to the landlord last night he was 100% understanding. Having dealt with the estate agent first time round, I'm not surprised she's taking this attitude now if you know what I mean. She's only talking about losing the deposit and she certainly didn't mention the remaining rent for the lease. Otherwise, I've been a model tenant.

dlambirl

Well technically if you signed a 12month lease that you are meant to pay the rent for 12 months.

If the landlord was more understanding than the estate agents - then why dont you ring the landlord again and get him/her to get the estate agents to refund your deposit.

But if you signed a 12 months lease than legally speaking you are not entitled to it. Too bad that you cant "warm to the place"

Pete4779

If it's only going to cost your deposit to break another 6 months of a lease and get out of payign that, then take the option to lose the deposit.

cantdecide

btw its not a room, it's a house and the deposit was the full €750. I am anxious to get it back...

quozl

I can understand you want your deposit back but I don't think you're entitled to it, you're breaking a contract, and the full penalties for that would be being required to pay the year's rent.

To be honest, my sympathies are with the landlord here.

I'd suggest talking to threshold.ie, for proper advice.

cantdecide

Spoke to threshold and they've confirmed my fears. So being without a lease actually is a positive thing...

dlambirl

A lease is there to protect the rights of BOTH the landlord and the tenant.

You broke the lease therefore the landlord is protected (sort off). He now has to go off and find another tenant and spend more money (PRTB reg, estate agent fees)

Bob Z

i dont know much about this but couldnt you sell the lease?

Agent J

Bob Z wrote: »

i dont know much about this but couldnt you sell the lease?

Not quite.

At best he could try to sublet it for the remainder of the lease. He would have to find someone for the remaining time.

Id agree with the other poster that if you are getting out of 6 months lease and only loosing your deposit then count yourself lucky because they could after you for the rest.

The 2004 law is the default rule sfor all accomadation but it allows for fixed term lease if it spefically says so on the lease.

worded

Is it not the case even with a fixed term lease that you can advertise the place. Find 2 people willing to take over the lease. Present them to the agents/landlords. If both are declined you can legally break the lease?

So said Threshold to me two years back

cantdecide

Bang on.

If I find someone to assign the lease to and the landlord then I can give a months notice *even if he rejects them.

For the record, I spoke to the landlord who agreed to give me back my deposit if and when I/ he/ the estate agent finds someone *acceptable to assign the lease to. I agreed to be 100% accommodating to everyone and the process. He rang back this morning and basically asked me to stay on for an additional month over the months notice I've already given him if required. Also, if nobody moves in, I lose my deposit but ultimately he'll set me free.

I can't argue with that...