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Urgent Help - breaking lease issue

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  • 01-06-2011 3:25pm
    #1
    boom123
    Closed Accounts Posts: 7 ✭


    Hi all,

    I am trying to find out where I stand as my landlord is being vague with me.

    This is scenario:

    I signed a 12 month lease with 2 friends through a letting agency.
    We have never had anything to do with letting agency and any issues (all v minor we dealt with landlord directly)

    I am now moving out after 10 months in lease. The other 2 people want to stay in house.

    I ran landlord and gave notice and informed that the other 2 people were staying and were hoping to fill my room and everything was fine and landlord agreed to meet me when I was moving out and to give deposit back as landlord was very happy with me as tenant.

    Subsquently the other 2 ppl in house have ran into difficult renting room as rent seems to have come down in area. They ran landlord and landlord refused to lower rent slightly.

    Next landlord got in touch with letting agency and is saying we are breaking lease and the whole situation has changed.

    Landlord said i will not get deposit back if we dont get someone in room and has implied to other two people in house that it would be easier for landlord to rent whole house out if we dont get anyone in room.

    Lease says: BREAK CLAUSE OPTION: NONE

    I am just wondering where I stand in all of this.

    Will I get deposit back.
    Will I have to pay for 2 months rent if room not fills.
    What happens if other 2 ppl in lease decide to leave.

    Any advice would be greatly appreciated.


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    #2
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    You are all liable for the remaining rental period. In other words the full rent has to be paid for the next two months whether you move out or not. The LL has allowed you move out on condition you find a replacement tenant. If you don't you owe him the rent. No reason for him to reduce the rent.

    If you refuse to pay the rent he probably will withhold the deposit and can sue you for the rent unpaid. Technically he is meant to give you the deposit back and then sue you but it doesn't work like that in reality.

    Best agree to subsidies the new tenant and then get a reduced rate for the next lease year. Not many people will want to rent a place for 2 months.


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    #3
    boom123
    Closed Accounts Posts: 7 ✭boom123


    Do you know what position is if landlord "pushes" as LL is saying it would be easier if everyone left now.

    Does this mean LL will pocket all our deposits, what would happen to remaining 2 months rent?


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    #4
    boom123
    Closed Accounts Posts: 7 ✭boom123


    Sorry that should of read:

    Do you know what position is if landlord "pushes" other 2 ppl out as well now as LL is saying it would be easier if everyone left now.

    Does this mean LL will pocket all our deposits, what would happen to remaining 2 months rent?


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    #5
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    boom123 wrote: »
    Sorry that should of read:

    Do you know what position is if landlord "pushes" other 2 ppl out as well now as LL is saying it would be easier if everyone left now.

    Does this mean LL will pocket all our deposits, what would happen to remaining 2 months rent?
    What he can say is pay the rent or leave and lose your deposit. Not really an option to do both. Your flatmates can sue you for breaking the agreement too.
    There is the actual law and what will likely happen. THe best option is as I said if your friends want to stay. You are certainly legally liable for the rent or if allowed a replacement tenant.


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    #6
    boom123
    Closed Accounts Posts: 7 ✭boom123


    Great thanks for advice.


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    #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Ray Palmer has given you good advice.

    When several people sign the same lease they are all "jointly and severally liable" for any debts (rent, damage etc).

    One of the problems with a Fixed Term lease is that basically a tenant is fixed into the lease until its termination. The best way out (and saving the deposit) is to assign the lease, but you should find a suitable tenant (not the tenants who are staying); you are breaking the lease, you should solve the problem. Sometimes it is the landlord who does the finding, but all his reasonable expenses in doing this can be charged to you.

    Because one person of the three names on the lease is breaking the lease, the law considers that the lease is broken (remember "jointly and severally liable), but this does not arise if you find a new tenant (you assign your part of the lease).

    As Ray says, you stand to lose your deposit unless the lease is assigned. Why should the landlord be out of pocket because you don't (or can't) wait until the termination date. However, if your part of the lease is assigned in less than a month after you move out, then in principle you should get some of your deposit back; a landlord cannot take rent for the same property (your room) from two people at the same time.


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    #8
    boom123
    Closed Accounts Posts: 7 ✭boom123


    Thanks for the advice really appreciate it.

    I am trying very hard to find someone to fill my room but there just doesnt seem to be anyone out there for it at moment.

    I have even offered to pay a portion of rent so room is advertised lower than I was paying but to no avail as this is all I can afford to do at moment.

    We have not asked the landlord to try rent the room as we were hoping to fill it but now that we are getting nowhere and I am moving in two weeks I guess I need to figure out where I stand.

    Due to difficult circumstances I would be unable to pay remaining two months rent.


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