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End of Lease - staying on with LL, not Estate Agents

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  • 05-11-2009 10:50am
    #1
    RedPlanet
    Closed Accounts Posts: 1,691 ✭✭✭


    Nearing the end of my lease and i'm sick of the Estate Agents i'm letting from.
    I've struck up communication with the owner of the property who lives abroad.
    We've reached an agreement of our staying on here, and eliminating the EA from the equation.
    Question is, what about our deposit? We've paid this to the EA and I presume should be getting it back from them?
    I suppose we also need to send a registered letter to the EA that we are not renewing the lease (at least the lease with the EA)?

    It could be a bit odd as we cut them out of the picture.


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    #2
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    I'd do up two copies of the lease you already have, rejig the page you and your landlord sign and date it for the new term. Sign it and post off both copies to your landlord, get them to sign their part and send you back one copy.

    That covers your new lease and stays on the same terms as you had before, shouldn't be a problem for either side.

    The deposit you gave should have been passed on to your landlord. The Estate Agents would have taken their fee out of your first months rent and given the remainder to the landlord. Simply ask your landlord if he has your security deposit and get it in writing that you'll be refunded the deposit at the end of your new lease term if you choose not to renew it.


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    #3
    RedPlanet
    Closed Accounts Posts: 1,691 ✭✭✭RedPlanet


    Actually our deal with the LL is a month-to-month lease.
    I explained that we weren't willing to commit to a years lease and the LL accepted this.


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    #4
    Cathmandooo
    Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    Amend the lease to be a month by month tenancy then, whatever you have agreed with the landlord put it down on the lease and send it off for him to sign after you've signed it. It shouldn't be too much hassle plus the landlord won't have to pay the Estate Agent fees so it's win win.


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    #5
    robd
    Registered Users Posts: 951 ✭✭✭robd


    There's no need to sign a new lease if your just looking for month to month. You're both adequately covered by the Residential Tenancy Act. Leases are a fixed term thing. See www.prtb.ie or www.threshold.ie

    Generally your deposit is used to cover the agents commission on renting the property so it is always payable back by the landlord.

    Be aware, that their are requirements to deduct a 20% withholding tax and pay directly to revenue if your landlord is non resident. Otherwise, revenue can sue you for any non payment of tax by your landlord. Not what you want to happen.

    See http://www.revenue.ie/en/business/running/obligations_ct&it.pdf


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