Computer says No.

syklops

Not sure whether to put this here or in property, mods please move if you think it should be in property.

I am moving out of the house I have lived in for nearly 4 years, and the property agent is saying I will be breaching the lease by going now. However, I didnt renew the lease the last time it came around. The reason being that things were shaky job wise, and I didnt want to commit to the house if I thought I was going to lose the job. As it turned out I did lose the job, and until now have been unable to find another. The job I have been given means I will have to move out from the house, not just because I cant afford it, but because my new job is some distance away.

The agent has said "According to their computer, I renewed the lease until the end of this year", when I didnt renew it. I have told her there is no way that happened, and she said she will get back to me.

If she pushes on that I renewed the lease, what do I have to do? The reason I ask is if she claims I broke the lease, I will not get my deposit, which is just shy of 2000 euro, back.

Has anyone any experience in a situation like this? Do I just stick to my guns on it, or should I contact a good lawyer?

It is my understanding, that if this does go to court, they will have to produce a lease that I have signed to stay on until November. I didnt sign anything of the sort. In fact I am fairly sure the lease they sent me is still in its envelope on our kitchen counter. If they cannot produce the lease, then surely it will go in my favour?

I am not going to name the agent, but I have had terrible trouble with them over the last 4 years. On one occasion it took 18 phone calls to get them to come out and fix a water leak we had, and on another occasion, when our central heating system broke down, the guy who fixed it, returned 3 months later to remove the replaced part as he had not been paid yet. He chose the coldest night of the year, when we had the snow, and said either I paid him the money or he would leave us with no heating.

I am not surprised when it comes to leaving them there is another problem.

Anyway, any help that can be given would be appreciated.

-S-

Paulw

Ask for THEM to provide you a copy of the lease they claim you resigned, to show your signature. I doubt they will be able to find it.

Other than that, you can contact threshold and/or log a complaint with the PRTB.

soc

I agree with PaulW...
The only way for you to have renewed the lease is if you SIGNED a new lease, of which both YOU and the AGENT should each have a copy of.

dudara

If you renewed the lease, then you should have a copy, they should have a copy and the tenancy should have been reregistered with the PRTB.

If those things aren't in place, then you didn't renew the lease.

Moved to accomodation and property.

dudara

D3PO

who cares what their computer says. if they dont have physicial paperwork with your signature on it they have NOTHING

robd

To be clear, the agent is suggesting that you are bound by the terms of a "fixed term" lease. If you did not sign it, then you are not. You are bound by the terms of the "residential tenancy act". This requires extra notice period, based on the time you have been in the place. Up to 56 days.

Check Thresholds website and ring them. www.threshold.ie Advice on here, while well meant, is often conflicting, which isn't much use when you stand to be out of pocket to the tune of €2000. Actually, it's a little worse because you can be sued for the remainder of rent on a fixed term lease.

Agents are generally snakes. Believe nothing they say. Had some bad dealings with one particular agent before. To say their understanding of leases and the tenancy act is flaky and biased is an understatement. Take the advice and contact threshold ASAP.

Mary D

Also to make sure you get your deposit make, be sure that you are giving them one month's notice as they is kind of standard regardless of whether or not you have a Lease, if this ends up going to a third party, you have to be seen to have been reasonable.

Victor

robd wrote: »

This requires extra notice period, based on the time you have been in the place. Up to 56 days.

Yes, you need to check on this and give the proper notice.

syklops

Following on from this thread, the agent has now said that I will not be getting the deposit back as I did not give 56 days notice as stated in the PTRB guidelines.

Do I have a leg to stand on, or should I give up on it?

Thanks

D3PO

syklops wrote: »

Following on from this thread, the agent has now said that I will not be getting the deposit back as I did not give 56 days notice as stated in the PTRB guidelines.

Do I have a leg to stand on, or should I give up on it?

Thanks

well you have to give 56 days notice. so you donthave a leg to stand on

syklops

D3PO wrote: »

well you have to give 56 days notice. so you donthave a leg to stand on

I think I am going to get very drunk tonight.

Bob Z

how much notice did you give? and is it worth more or less in rent than the deposit?

beeno67

D3PO wrote: »

well you have to give 56 days notice. so you donthave a leg to stand on

Well you have to give 56 days notice. However they cannot hold your deposit as a "punishment" for not giving notice. They are in effect charging you the rent for the full 56 days. They are entitled to do this. Obviously though, as you are in effect still renting the property, you do not need to return the keys until this period is up and they are not allowed rent the property to anyone else during this period. Nor can they enter the property during this period without consultation with you.

pickarooney

Might be worth investigating if you're allowed to sub-let the place for the summer?

syklops

the lease that expired said we had to give 30 days notice which we did. It also said no subletting. If I had agreed to the fact that we had renewed the lease(despite the fact we had not), then the 30 days notice I gave would have been fine, but we would still be breaking the lease, and lose the deposit anyway.

As bart simpson says, your damned if you do and your damned if you dont. The rent for this month will be 1900 and the deposit that we lost is 2200.

There is a lily allen song that springs to mind, but I cant quite remember the lyrics...

Bob Z

i dont understand this. When you leave a flat you have to give 56 days notice? not four weeks?

D3PO

Bob Z wrote: »

i dont understand this. When you leave a flat you have to give 56 days notice? not four weeks?

depends on how long you have been living there. over 2 years = 56 days notice