How much notice am I obliged to give to my landlord?

godwin

I am 6 months into a 1 year lease , I want to move out and into a cheaper/warmer place. Can I terminate the 1 year contract with just 1 months notice?

Paulw

What does your lease say about termination of contract?

Info also available through threshold.

djimi

Probably not if its a fixed lease. Is there a genuine problem with the heating or is it just colder than you would like?

godwin

Yeah , it seems I'm locked into a 1 year contract.
Would the fact that the caretaker(not the building owner) signed the landlords name(building owner) on the contract not void the contract?

I also know that the caretaker is working and claiming social welfare , so it's not possible that he could be an authorized signatory for the landlord?

Cathmandooo

Who's this care taker? An agent? A relative of the landlord? They could have just signed it for and on behalf of the landlord.

You still signed the 1 year lease, which the landlord has a copy of (I assume) so you're bound to the lease, unless there's any sort of break clause or you can find someone to take over your lease?

godwin

Cathmandooo wrote: »

Who's this care taker? An agent? A relative of the landlord? They could have just signed it for and on behalf of the landlord.

He's a relative of a different family name , I was under the impression that signing someone else's name on a contract was not allowed if you're not a authorized signatory?

Cathmandooo

But they were authorised to sign on behalf of the landlord?

Why is this an issue now? Just so you can get out of a contract you willingly signed?

godwin

Cathmandooo wrote: »

But they were authorised to sign on behalf of the landlord?

Why is this an issue now? Just so you can get out of a contract you willingly signed?

I'm getting out because the place is damp the heating is insignificant to cope with the size of the area and every time it rains water pisses in through the front badly fitted front door and soaks the carpet up to 3metres back from the door. And after neumorus requests to resolve the issues it still happens due to the fact the landlord doesn't give a ****.

Have decide not to pay my last months rent , and he can keep the deposit in lieu of that.
And to balance things out I have also reported the caretaker for working and signing.

Months notice and your gone regardless of what the lease says. He may well act the pr1ck with the deposit though.

D3PO

godwin wrote: »

I'm getting out because the place is damp the heating is insignificant to cope with the size of the area and every time it rains water pisses in through the front badly fitted front door and soaks the carpet up to 3metres back from the door. And after neumorus requests to resolve the issues it still happens due to the fact the landlord doesn't give a ****.

Have decide not to pay my last months rent , and he can keep the deposit in lieu of that.
And to balance things out I have also reported the caretaker for working and signing.

I hope he takes you to court you for the remaining 6 months of rent.

Anybody who signes a legal document and decides to ignore what they are legally responsible for deserves everything they get.

Cathmandooo

godwin wrote: »

I'm getting out because the place is damp the heating is insignificant to cope with the size of the area and every time it rains water pisses in through the front badly fitted front door and soaks the carpet up to 3metres back from the door. And after neumorus requests to resolve the issues it still happens due to the fact the landlord doesn't give a ****.

Have decide not to pay my last months rent , and he can keep the deposit in lieu of that.
And to balance things out I have also reported the caretaker for working and signing.

That's a different story now You'd have much more of a case to terminate your lease because of those conditions than claiming some signature voids your lease.

Keep record of all your attempts to contact the landlord, the requests you make and the responce you get. Take photos of the damage and damp. At this stage if there have been numerous attempts I'd contact your landlord and tell him you're lodging a complaint with the prtb in order to terminate your lease due to the constant dampness in the house not being fixed. I'd contact Threshold about this too.

RoverJames wrote: »

Months notice and your gone regardless of what the lease says. He may well act the pr1ck with the deposit though.

Well that's just wrong. It's a fixed term lease, the tenant is liable for the remaining rent. That's 6 months of rent.

D3PO

Cathmandooo wrote: »

That's a different story now You'd have much more of a case to terminate your lease because of those conditions than claiming some signature voids your lease.

.

Thats if its genuine. First post he wants to move somewhere cheaper / warmer then all of a sudden he wants to move because of all these issues.

Id have to question how genuine they and if they are that the landlord has been given amble opportunity to resolve them.

Cathmandooo

Cathmandooo wrote: »

Well that's just wrong. It's a fixed term lease, the tenant is liable for the remaining rent. That's 6 months of rent.

No, it's not wrong, fixed term leases in private residential tenancies are not worth the paper they are written on. The proof of that is the fact that the landlord cannot pursue the tenant for the 6 months rent

godwin

D3PO wrote: »

Thats if its genuine. First post he wants to move somewhere cheaper / warmer then all of a sudden he wants to move because of all these issues.

I came here with a simple question and gave basic details , I didn't think I was required to justify my reasons with my life story.

As regards him taking me to court , he can... I'll get free legal aid vs him having to pay a solicitor and in the off chance he actually wins I can't afford to pay him. more hassle than it's worth.
Plus spoke with the PRTB(thanks for the advice) and it appears that he is not registered with them they have been trying to find a contact address for him to speak with him , sorted them that also.

D3PO

godwin wrote: »

I came here with a simple question and gave basic details , I didn't think I was required to justify my reasons with my life story.

As regards him taking me to court , he can... I'll get free legal aid vs him having to pay a solicitor and in the off chance he actually wins I can't afford to pay him. more hassle than it's worth.
Plus spoke with the PRTB(thanks for the advice) and it appears that he is not registered with them they have been trying to find a contact address for him to speak with him , sorted them that also.

you dont but Im entitled to my opinion. Even this post indicates you will do or make up any possible escape route to get out of a legal contract.

Am I supposed to applaud you for failing to stick to a legally binding contract ? I dont think so.

godwin

D3PO wrote: »

Am I supposed to applaud you for failing to stick to a legally binding contract ? I dont think so.

So I should continue live some where thats crap becuase I signed a "legally binding" contract? I applaud you for being such a soft touch if you would.

djimi

D3PO wrote: »

you dont but Im entitled to my opinion. Even this post indicates you will do or make up any possible escape route to get out of a legal contract.

Am I supposed to applaud you for failing to stick to a legally binding contract ? I dont think so.

If the OP is genuine in their complaints then the landlord has failed to stick to their side of a legally binding contract (ie provide a habitable living environment). I dont see the need for all the hostility towards the OP.

djimi

RoverJames wrote: »

No, it's not wrong, fixed term leases in private residential tenancies are not worth the paper they are written on. The proof of that is the fact that the landlord cannot pursue the tenant for the 6 months rent

You what now...?

Fixed term leases are a misconception in private residencies, they don't legally exist.

djimi

Im not disagreeing with you, but out of curiosity have you got some link to back up that claim?

djimi

djimi wrote: »

Im not disagreeing with you, but out of curiosity have you got some link to back up that claim?

No
But worst case for OP here is that they walk away and lose their deposit.

D3PO

RoverJames wrote: »

Fixed term leases are a misconception in private residencies, they don't legally exist.

you cant come out with something like that with nothing to back it up.

If fixed term leases legally didnt exist then the RTA 2004 would not specify the term fixed term lease in the act as by logic there is no such thing.

On that basis plus the fact you cant back it up your statement is unfounded

D3PO

djimi wrote: »

If the OP is genuine in their complaints then the landlord has failed to stick to their side of a legally binding contract (ie provide a habitable living environment). I dont see the need for all the hostility towards the OP.

correct however I dont believe the OP is genuine in their complaints. As I read this thread its very much a case of what kind of angle can I use to get out of this type thing.

D3PO

D3PO wrote: »

you cant come out with something like that with nothing to back it up.

If fixed term leases legally didnt exist then the RTA 2004 would not specify the term fixed term lease in the act as by logic there is no such thing.

On that basis plus the fact you cant back it up your statement is unfounded

Fair enough, OP pay up the remaining 6 months so