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Tenancy Breach - Tenants Rights

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  • 01-09-2010 6:30pm
    #1
    Registered Users Posts: 327 ✭✭


    Hi Guys,

    i have had a quick browse , although there is a thread on landlord rights but i couldnt find anything for tenants.

    i had signed a year lease for my property, and i am currently 9 months in and would like to move out.

    My landlady insists that i must find a new tenants. she is happy with the 30 days notice, but she says that i until i find a new tenant that she agrees of i cannot vecate the property.

    The property is registered with the PRTB. It is a fixed term lease. My understanding was that i could vecate the property by providing a 30 days notice and have my deposit back? perhaps i was misinformed ,and someone also did mention that tenants have more rights in ireland? perhaps someone can shed some more light on.

    Ideally i would like to give a notice , have my deposit back and the landlady can deal with sorting a new tenants? what are the chances?


Comments

  • Closed Accounts Posts: 4 smarts


    chursy wrote: »
    Ideally i would like to give a notice , have my deposit back and the landlady can deal with sorting a new tenants? what are the chances?
    Unless there is a break out clause in your fixed term lease that would allow this then I'm afraid you are bound to honour the contract.


  • Registered Users Posts: 3,436 ✭✭✭bugler


    You have signed a contract and must abide by it. There is a way out of it, but it does involve finding new tenants. The LL's request is reasonable.

    Much of what you see on Threshold's site or other places relating to notice periods refers to tenancies outside fixed term leases.


  • Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    +1 your landlady is right and seems to be doing things by the book.

    Not sure what you mean by 'tenants have more rights in Ireland'? Why are other countries policies relevant?

    Find some tenants to replace you and take over your lease, otherwise you'll lose your deposit and by rights your landlady can pursue you for the remaining rent also.


  • Registered Users Posts: 869 ✭✭✭Osgoodisgood


    chursy wrote: »
    Hi Guys,
    Ideally i would like to give a notice , have my deposit back and the landlady can deal with sorting a new tenants? what are the chances?

    Ideally I'd like an island in the Bahamas and an ocean going yacht skippered by Pamela Anderson.

    Your chances are just about as good as mine.


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


    Ideally I'd like an island in the Bahamas and an ocean going yacht skippered by Pamela Anderson.

    Your chances are just about as good as mine.

    Not very subtle- but accurate nonetheless.

    OP- your legally binding contract with your landlord, is in addition to any rights or obligations you may have under tenancy law. If you take out a 1 year lease- you are liable to pay rent for the entirety of that 1 year lease, unless you subassign the lease to another party. If you manage to find another tenant- and they are only happy to pay a lower amount of rent than you were paying- you are liable to the landlord for the difference........

    You really need to read the terms and conditions of your lease- they impose both rights and also obligations on tenants and landlords. You are not easily going to get out of this one.


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