Getting out of lease

JustLen

I know similar has been asked before but let me just explain as its slightly different.

I moved in to an rental property 2 months ago and on the day paid months rent in advance and a months rent as a deposit in cash.
Never signed the lease as the landlord said He/She was going away for a few days and would do so when he returned wich they didnt do.

Fast forward a month and the lease is left in the door, still not signed by me as i am unhappy with the apartment and am not willing to accept the terms i.e. signing an agreement lease for 12 months

This week i refused to pay the rent as I am moving out I refuse to live in the apartment for reasons I have outlined to the Landlord.

NOW the important bit, He/She claims I accepted the terms of the lease when I moved in. Now I know this has been argued before but how could I have agreed to the lease when I moved in if He/She only presented it to me a month later.

On top of this i have told the landlord that I am not happy with the property as I asked them specific questions which they lied about.
As well as this a nuber of things that appeared fine have broken for example fixtures fittings (Internal and external) and furniture.

I have spent several hundred Euro on things like utensils, cuttlery, furnishings and electronic equipment as the were not sufficient or broken. (The tv broke 2 days after i moved in what a coincidense)

I explained i purchased these items at my own expense as I didnt wish to trouble him at the time and was trying to be a reasonable tennant. Believing this in turn would make Him/Her more reasonable i regards this situation.


Now for a finish I am being refused the return of my deposit and am going to be presented with a bill for 6 months rent.


Am i right in thinking I have an argument here?

Sorry for the long post btw:o

ztoical

JustLen wrote: »

On top of this i have told the landlord that I am not happy with the property as I asked them specific questions which they lied about.
As well as this a nuber of things that appeared fine have broken for example fixtures fittings (Internal and external) and furniture.

I have spent several hundred Euro on things like utensils, cuttlery, furnishings and electronic equipment as the were not sufficient or broken. (The tv broke 2 days after i moved in what a coincidense)

I explained i purchased these items at my own expense as I didnt wish to trouble him at the time and was trying to be a reasonable tennant. Believing this in turn would make Him/Her more reasonable i regards this situation.

By paying the deposit you accepted the terms of the contract to rent the apartment. You can get in touch with Threashold and/or the PRTB and argue it's 4 part tenancy.

You've not done yourself any favors by buying items rather then asking the LL to repair or replace them. In order for you to break the contract with the LL you needed to give them resonable notice to repair or replace items, if they hadn't then you would have grounds to break the contract. Before you paid your deposit did the LL say they would provide cuttlery and utensils? It's not standard nor a legal requirment for a LL to provide cuttlery or cooking utensils.

Max Power1

ztoical wrote: »

By paying the deposit you accepted the terms of the contract to rent the apartment. You can get in touch with Threashold and/or the PRTB and argue it's 4 part tenancy.

You've not done yourself any favors by buying items rather then asking the LL to repair or replace them. In order for you to break the contract with the LL you needed to give them resonable notice to repair or replace items, if they hadn't then you would have grounds to break the contract. Before you paid your deposit did the LL say they would provide cuttlery and utensils? It's not standard nor a legal requirment for a LL to provide cuttlery or cooking utensils.

An unsigned lease?
I think not.

JustLen

The landlord was well aware of what needed to be repaired. Some thing were brought up early on but were not resolved.

There are certain things that are broken that are actually required by legislation to be in working order also

ztoical

Max Power1 wrote: »

An unsigned lease?
I think not.

I didn't say they were bound by a lease but they have entered a contract to rent the property by paying the deposit and rent. There best bet is to speak to Threashold. If they fall under part 4 then they can leave as they've been renting less then 6 months, however they should speak to someone with more knowledge before assuming anything.

Max Power1

ztoical wrote: »

I didn't say they were bound by a lease but they have entered a contract to rent the property by paying the deposit and rent. There best bet is to speak to Threashold. If they fall under part 4 then they can leave as they've been renting less then 6 months, however they should speak to someone with more knowledge before assuming anything.

Part 4 begins at 6 months of tenancy

JustLen

ztoical wrote: »

they have entered a contract to rent the property by paying the deposit and rent

So whats to say it was an agreement to rent for 12 months?
Whats to say that it wasnt on a month by month basis as i never agreed to anything (wich in actual fact i dont believe i did either verbally or otherwise)

I dont want to be unreasonable but seeing as he landlord lied about the proerty when i asked a specific question i dont really have a choice

Max Power1

JustLen wrote: »

So whats to say it was an agreement to rent for 12 months?
Whats to say that it wasnt on a month by month basis as i never agreed to anything (wich in actual fact i dont believe i did either verbally or otherwise)

I dont want to be unreasonable but seeing as he landlord lied about the proerty when i asked a specific question i dont really have a choice

Nothing

Which is what i mean in my first post in the thread.

No contract, less than 6 months tenancy = no requirement for notice. You are entitled to deposit back, i'd pursue it vehemntly.

JustLen

Max Power1 wrote: »

No contract, less than 6 months tenancy = no requirement for notice. You are entitled to deposit back, i'd pursue it vehemntly.

Thanks for the response..

This is exactly what I pressumed but cannot find anything online to back me up. Is there anything I can quote from to back me up?

JustLen

Also would he be breaking the lease by advertising the property while im still living there (now)

odds_on

Originally Posted by Max Power1
No contract, less than 6 months tenancy = no requirement for notice. You are entitled to deposit back, i'd pursue it vehemntly.

Notice period for a Part 4 and periodic tenancy of less than 6 months is 28 days (RTA 2004, Part 5, Chapter 3, section 66, para 3, Table 2)

By paying the deposit you accepted the terms of the contract to rent the apartment. You can get in touch with Threashold and/or the PRTB and argue it's 4 part tenancy.

Part 4 begins at 6 months of tenancy .

Your lease is a periodic lease and runs from month to month (if you pay monthly). The conditions and obligations of landlord and tenant are the same as a Part 4 tenancy (but may include other terms agreed by both parties). Often, a periodic lease is a verbal agreement - but the trouble with verbal agreements is that it is usually one person's word against another's.

To be absolutely legal, you should always communicate with the landlord in written form and keep a copy - especially in regards to problems with the property and the landlord's obligations. Thus, if at a later date there is a query, you have a backup.

You should write to the landlord (legal requirement) stating the problems and giving him reasonably time (say two weeks) to fix the problems (again it is a legal requirement to give the landlord time to rectify problems). If the landlord does not fix the problems in the reasonable time, he is in breach of his obligations. You must then issue on the landlord a valid notice of termination (again in written form, in the prescribed manner - see PRTB website). If you do not pay the rent, you will be considered as "in arrears" and your notice of termination will not be valid.