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Advice needed on my lease

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  • 15-04-2011 5:46pm
    #1
    Registered Users Posts: 81 ✭✭


    Hi I dont know if im in the right section but here goes...

    I am currently renting a flat with me and my husband. I am also expecting a baby in July. We moved into this place in november end and just last month i gave my notice to the letting agent. During my stay i could never contact the landlord himself and had a few problems like attempted burglary and little household things. Landlord never replied back to any of my texts or phone calls. The agent was always slow as well. The windows were very unsafe and were fixed by the maintenance after i wrote a nasty email to the letting agent. Took me nearly 2 weeks to get the window locks put...we didn't have any before.

    Now last month when my husband was out to work the landlord unlocked the door with his keys and attempted to enter. I got him just as he unlocked the door. He apologized and said he knocked a few times before ....I don't know as i was in the toilet before. He wanted to get the plumber in to fix the heating for some other flat as the main system is located in our flat i think.
    It clearly states in my lease that the landlord cannot enter the property without giving me 24 hour notice or incase of emergency like fire i suppose.That certainly wasn't an emergency.


    Now after my more than one month notice and all my letting agent who is a selfish idiot wants 350 as a administration fee plus the rent that will go untill the place is vacant.
    Eg. if we move out on 30 april and new tenants come in on 4th may. he will take an extra 4 days rents out of our deposit/security .

    I don't even know what he is talking about...because he makes no sense as the Landlord on the first place broke the lease. And i gave more than 1 month notice.

    What do you say ?


Comments

  • Registered Users Posts: 288 ✭✭n900guy


    Dmighty wrote: »
    Hi I dont know if im in the right section but here goes...

    I am currently renting a flat with me and my husband. I am also expecting a baby in July. We moved into this place in november end and just last month i gave my notice to the letting agent. During my stay i could never contact the landlord himself and had a few problems like attempted burglary and little household things. Landlord never replied back to any of my texts or phone calls. The agent was always slow as well. The windows were very unsafe and were fixed by the maintenance after i wrote a nasty email to the letting agent. Took me nearly 2 weeks to get the window locks put...we didn't have any before.

    Now last month when my husband was out to work the landlord unlocked the door with his keys and attempted to enter. I got him just as he unlocked the door. He apologized and said he knocked a few times before ....I don't know as i was in the toilet before. He wanted to get the plumber in to fix the heating for some other flat as the main system is located in our flat i think.
    It clearly states in my lease that the landlord cannot enter the property without giving me 24 hour notice or incase of emergency like fire i suppose.That certainly wasn't an emergency.


    Now after my more than one month notice and all my letting agent who is a selfish idiot wants 350 as a administration fee plus the rent that will go untill the place is vacant.
    Eg. if we move out on 30 april and new tenants come in on 4th may. he will take an extra 4 days rents out of our deposit/security .

    I don't even know what he is talking about...because he makes no sense as the Landlord on the first place broke the lease. And i gave more than 1 month notice.

    What do you say ?

    Usually you are liable for the full term of the lease; by surrendering the lease during the lease period, you usually forfeit a month's rent which is the usual advertising and letting fee that the landlord will have paid the agent to get a tenant in the first place, and are usually liable for any rent due until the next tenancy starts.

    What they should be doing, si continue to charge rent on your bank account until the new tenancy and leave the deposit untouched - it is not to be used for rent.

    When you rent through an agency, the typical case for a fully managed tenancy is that you contact the agent and not the landlord. The landlord may have received notice of some problem and then went to sort it out.

    The administration fee is e.g., the reletting fee to find, view, advertise for a replacement tenant - this new tenant also has to be acceptable to the landlord who is not under obligation to accept your tenancy surrender at all to my knowledge.


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    get your post moved to accommodation & property


  • Registered Users Posts: 1,470 ✭✭✭Doop


    n900guy wrote: »
    Usually you are liable for the full term of the lease; by surrendering the lease during the lease period, you usually forfeit a month's rent which is the usual advertising and letting fee that the landlord will have paid the agent to get a tenant in the first place, and are usually liable for any rent due until the next tenancy starts.

    What they should be doing, si continue to charge rent on your bank account until the new tenancy and leave the deposit untouched - it is not to be used for rent.

    When you rent through an agency, the typical case for a fully managed tenancy is that you contact the agent and not the landlord. The landlord may have received notice of some problem and then went to sort it out.

    The administration fee is e.g., the reletting fee to find, view, advertise for a replacement tenant - this new tenant also has to be acceptable to the landlord who is not under obligation to accept your tenancy surrender at all to my knowledge.

    Im sorry but that is pure and utter rubbish... can you back up any of what you're saying with relevant links????


  • Registered Users Posts: 239 ✭✭Gae


    Doop wrote: »
    Im sorry but that is pure and utter rubbish... can you back up any of what you're saying with relevant links????

    Doesn't sound like rubbish at all, TBH. OP: have you read your lease? This should be all covered in there. The fact that the landlord entered the property without permission is wrong, but there's no reason to assume that that alone is enough render the lease null and void. You should ask in the Accommodation & Property forum for more advice.


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