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Hypotethical - If the management company changed house rules in the middle of a lease

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  • 18-09-2009 12:38am
    #1
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭


    If a private tenant had a lease from a landlord in an apartment; and the management co. at their agm changed a house rule which the tenant didn't agree with; What happens.

    Does the tennant get bound by the management co decisions even thought they are a third party to the lease.
    Can the tennant walk away with no notice?
    Can the tennant sue the landlord for breach of contract?

    or does the tennant get the minimum notice as required by law?


    I'm assuming a short term tenant as against the leaseholder here.

    It's just something I thought about t'other day.
    Maybe it's for the legal discussion forum - I'll let the mods decide.


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    #2
    cch
    Registered Users Posts: 318 ✭✭cch


    Satellite dish?? :p


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    #3
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    cch wrote: »
    Satellite dish?? :p

    That's my guess anyways


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    #4
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Carawaystick wrote: »
    If a private tenant had a lease from a landlord in an apartment; and the management co. at their agm changed a house rule which the tenant didn't agree with; What happens.

    The tenant has no say in the management company nor the rules of the development.

    Any rule passed by the shareholders of the development, at an AGM, would then apply to the whole development.

    I am not fully sure how this would effect the tenant/landlord relationship/contract. I would doubt though that the tenant has any further recourse.


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    #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Most leases require the tenant to comply with the management company rules
    for the building including any new rules made during the currency of the lease.
    If the lease states otherwise the situation is more complicated.


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    #6
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭Carawaystick


    Do normal leases fall under consumer or business law? if it was consumer law wouldn't that be an unfair contract, where a third party can make changes to the tenancy?


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    #7
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Carawaystick wrote: »
    Do normal leases fall under consumer or business law?

    It would be covered under tenancy law, so neither consumer nor business law.


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    #8
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    If it is about a satellite dish, what comeback does the tenant have in regards his lease with the landlord? For example, I move to a complex which allows satellite dishes, as it allows satellite dishes, and, for arguements sake, say it's stated on the lease that satellite dishes are allowed.

    If, 3 months into the contract, I'm told that I cannot have a dish, as management has changed the rules, how does this effect my lease with the landlord? As the landlord hasn't broken the lease, nor have I broken the lease, I seem to have no comeback in that regard, but as the lease has been broken, abeit by the management, does that allow me to walk out of the lease, as it's now broken, with no penalty to myself, and get the deposit off the landlord, minus nothing due to the early termination of the lease?


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