Landlord breaking lease

Goldfish2010

We moved in March 2010 and signed a one year lease. A few weeks ago the landlord called and left a voice mail saying she would not renew the lease. last week, her husband called to say they want us to move out ASAP as his wife is pregnant and wants to return to her apartment. We are going overseas from December to end of January, so he has basically given us no option but to pack our gear up and store it somewhere until we come back to Ireland and are homeless. I receive RA, so am I entitled to anything? My partner does not see the problem - but I am sure the landlord has completley broken some rules. He has also said they can not return the bond until the PRTB release it to him; i know this is not true as the agent has told us the deposit went straight to the landlord. Can we at least demand our deposit before we go on holiday? And does anybody know, exactly what we are entitled to?

Victor

Goldfish2010 wrote: »

We moved in March 2010 and signed a one year lease.

Which means, short of you being in breach of the contract (not paying rent, thrashing the place, anti-social behaviour, etc.), you can stay there if you want.

last week, her husband called to say they want us to move out ASAP as his wife is pregnant and wants to return to her apartment.

If you are unhappy with this, there is no obligation to move. If you are happy to move, perhaps they could contribute to the cost of you moving.

We are going overseas from December to end of January, so he has basically given us no option but to pack our gear up and store it somewhere until we come back to Ireland and are homeless.

Potentially that is a month without paying rent - you could leave your stuff with friends or in a self-storage lock-up.

I receive RA, so am I entitled to anything?

You will need to talk to the Community Welfare Officer in the area you are moving to. I can't see you being paid anything extra for the inconvenience.

He has also said they can not return the bond until the PRTB release it to him; i know this is not true as the agent has told us the deposit went straight to the landlord. Can we at least demand our deposit before we go on holiday?

That he said that suggests that he is planning to scam you. If he wants you to facilitate him, he needs to facilitate you.

And does anybody know, exactly what we are entitled to?

If you ahve any more questions, let us know.

Scambuster

Tell him you are willing to move out if he compensates you a few K for breaking the lease. If he doesn't like this then tell him to go jump. If you do leave in the future make sure not to pay your last months rent unless you want to wait 18 nonths retrieving your deposit.

3DataModem

Victor wrote: »

Which means, short of you being in breach of the contract (not paying rent, thrashing the place, anti-social behaviour, etc.), you can stay there if you want.

If you are unhappy with this, there is no obligation to move.

Wrong.

From Citizens Information

"Terminating a tenancy

Your landlord must always give you notice when asking you to leave. (Read more under 'Notice periods' and 'Notice of termination', below.) Landlords can ask tenants to leave without giving a reason during the first six months of a tenancy. Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:

After 3 and ½ years
If the tenant does not comply with the obligations of the tenancy
If the property is no longer suited to the tenants’ needs (e.g. overcrowded)
If the landlord needs the property for him/herself or for an immediate family member
If the landlord intends to sell the property
If the landlord intends to refurbish the property
If the landlord plans to change the business use of the property (e.g. turn it into offices)."

Part in bold seems to apply here, as your tenancy is over six months.

I'm sympathetic, but the law is on the landlord's side.

Coriolanus

I thought there was something in the legislation about a landlord being able to cancel a lease if the building was going to be used for a different purpose (ie: converted to offices, retail space etc) or was needed by a member of the landlords family?

Could be wrong, but I could have sworn the above was in one of the acts I read.

odds_on

Sounds to me like illegal eviction. This could prove very expensive for the landlord - up to about €5,000 if found guilty in a PRTB dispute.
Your fixed term contract is until March - you can stay until March. You don't even have to tell the landlord that you will be leaving at the end of a fixed term tenancy - it automatically comes to an end, unless an agreement is made to continue thereafter.

Scambuster

3DataModem wrote: »

Wrong.

.

Wrong.

Coriolanus

Scambuster wrote: »

Wrong.

Care to expand on that? The highlighted section seems pretty explicit.

Scambuster

Nevore wrote: »

Care to expand on that? The highlighted section seems pretty explicit.

We moved in March 2010 and signed a one year lease

Fixed term lease.

Coriolanus

Scambuster wrote: »

Fixed term lease.

Ahh, part 4 is where there's no fixed term then?

3DataModem

From the same source:

"Part 4 tenancies

Under Part 4 of the Residential Tenancies Act 2004, if you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire security of tenure in 4 year cycles. Any tenancy therefore, that has lasted more than six months is a Part 4 tenancy or a further Part 4 tenancy. After four years of your tenancy has passed, a new tenancy starts. The same four-year cycle can begin again leading to a further Part 4 tenancy."

Scambuster

That source lacks legal accuracy.

Jo King

It is almost, but not quite correct.

ztoical

Goldfish2010 wrote: »

We moved in March 2010 and signed a one year lease. A few weeks ago the landlord called and left a voice mail saying she would not renew the lease. last week, her husband called to say they want us to move out ASAP as his wife is pregnant and wants to return to her apartment.

I am sure the landlord has completley broken some rules. He has also said they can not return the bond until the PRTB release it to him;

You should speak to someone at Threshold as to the exact terms of your lease and tennacy laws. Two things from your post that are possible issues. You say he called to tell you, has he given you notice in writing as well? By law he has to give you the notice in writing, it must have the termination date and reason. Also regarding the deposit, the PRTB do not hold bonds or deposit or anything else. You LL has your deposite and they must return it to you [minus any legal deductions] within a reasonable time of you leaving the property [anything more then two days and I would be hounding them every hour on the hour]

robd

Please contact Threshold, details at threshold.ie.


This was debated by someone who's friends were in the similar position to yourself only a couple of weeks ago. They had the locks changed on them though. Huge parts of the info given by posters was wrong.

The part 4 tenancy is the minimum terms. A fixed term lease gives you more, but there can be get out clauses a kin to part 4 tenancy. No one can give you accurate info without seeing lease agreement. So contact threshold.

Also a phone call or face to face is not sufficient notice. You must be notified in writing, as per tenancy act.

pooch90

It's a fixed term lease so they can't get you out before that term is over, even if they were selling the house you're still entitled to stay. You're not a Part 4 so them needing house for any of the above quoted reasons do not apply. You have security of tenure under your lease so tell them to go jump.

The line he's giving you about the deposit is such a lie. The PRTB are not there to hold deposits. He's just a greedy/broke little git looking to take advantage.

Goldfish2010

Thanks everyone for your input. We have packed and stored most of or stuff anyway - get the feeling the locks would be changed when we cam back from our holiday!
Anyway - he is now saying he got a bill for/because rent allowance? What is he talking about?

Scambuster

Goldfish2010 wrote: »

Thanks everyone for your input. We have packed and stored most of or stuff anyway - get the feeling the locks would be changed when we cam back from our holiday!
Anyway - he is now saying he got a bill for/because rent allowance? What is he talking about?

Just don't leave.

Goldfish2010

Hi Scambuster - if you post and then delete what you wrote, it still appears in my inbox.

---Quote (Originally by Goldfish2010)---
Thanks everyone for your input. We have packed and stored most of or stuff anyway - get the feeling the locks would be changed when we cam back from our holiday!
Anyway - he is now saying he got a bill for/because rent allowance? What is he talking about?
---End Quote---
Thanks for wasting our time with your spineless behaviour. It is infuriating to think this scummy landlord is getting such an easy ride. Well enjoy your life of being walked over by the rest of the world.

the_syco

Goldfish2010 wrote: »

Anyway - he is now saying he got a bill for/because rent allowance? What is he talking about?

Sounds like a bullsh|t reason to keep your deposit.

pooch90

Goldfish2010 wrote: »

Thanks everyone for your input. We have packed and stored most of or stuff anyway - get the feeling the locks would be changed when we cam back from our holiday!
Anyway - he is now saying he got a bill for/because rent allowance? What is he talking about?

He is taking you for a ride. Simple.

The landlord cannot kick you out.
The landlord cannot change locks.
The landlord cannot withold deposit.
There is no bill - there are no charges - he is laughing at you.

If it suits you to store your stuff and save some money then fine but do it on your terms. Make sure the landlord gives you your deposit back before you hand him the keys.
If you want to keep the place then the beauty of a fixed term lease is that you can tell him to f off and there is nothing, I repeat nothing, he can do about it. Anyone who says otherwise is wrong.