Old lease does it stand up

TomThom

Hi,

I am looking to break my lease and my landlord will not give me back my deposit

The lease has no mention of the 2004 act just 1993 and telecom eireann!

Does this lease stand up?

Thanks,
Thom

bath handle

TomThom wrote: »

Hi,

I am looking to break my lease and my landlord will not give me back my deposit

The lease has no mention of the 2004 act just 1993 and telecom eireann!

Does this lease stand up?

Thanks,
Thom

I have never seen a lease stand up.

Tom Young

We don't allow legal advice here.

The lease should be clear on its face under what conditions and in which circumstances it can be breached and what penalties if any apply. Leases regardless of their age are good once there is nothing fatal in the drafting of same. This is unusual.

Take legal advice unless the breach, notice to quit or terms of breach by consent are not clear to you from a simple reading of it.

Tom

rocksteady36

I think you should look at the new BER Cert loophole...

If a landlord does not produce a BER Cert when you sign the lease then apparently you can legally break the lease.

Also the onus lays solely with the landlord. It is an offence punishable by a fine as far as I am aware.

You can verify this yourself, pretty sure its true though.

Tom Young

BER?

Grolschevik

Tom Young wrote: »

BER?

There was a thread on it in Accommodation & Property:
http://www.boards.ie/vbulletin/showthread.php?t=2056288647

rocksteady36

Building Energy Rating

Maximilian

OP seek a solicitor if you need legal advice.

Folks, the ban on seeking legal advice applies equally, if not more so, to the giving of it.

To set the record straight, failure to produce a BER is an offence only. Nowhere in the Regulations does it state that leases, deeds etc. are invalidated.

rocksteady36

http://www.landlordsolutions.ie/news/no-ber-certificate-may-mean-no-enforceable-contract-with-your-tenant/

From Landlordsolutions.ie

No BER Cert? Not only are there statutory consequences, there may also be contractual consequences!

It is now well documented that a Landlord who offers for sale or letting his property, is required to produce a copy of the BER Certificate and Advisory Report for that property. The obligation extends to include any agent of the Landlord, to produce a BER Certificate and Advisory Report to every potential tenant, prior to any agreement being entered into between the parties.

Both the Local Authorities and Sustainable Energy Ireland (“SEI”) are responsible for enforcing the requirements of the Regulations and failure by the owner, or the agent of such owner, to produce without reasonable excuse within 28 days a printed copy of a BER Certificate is an offence which may be punishable by fine on summary conviction not exceeding €5,000.00c.


However, over and above the risk of statutory penalties being incurred under the Regulations all landlords should be aware that If a BER Certificate and Advisory Report is not provided by the Landlord prior to signing a lease agreement, this flaw cannot be remedied by any subsequent provision of a BER Certificate and Advisory Report unless the tenant is simultaneously given the opportunity to pull out the contract.

It is our view that non-production or late production of a BER cert could be used by a tenant to undermine any contract or lease agreement which was entered into with a Landlord.

In this way, it is vital that a Landlord produces a BER Certificate and Advisory Report when the property is offered for let, firstly so as not to delay the completion of a letting and secondly to protect against a tenant attempting to avoid contract or lease agreement subsequently entered into.

There is a rake of other documents, one memo that was circulated by the Law Society also...

I don't think this is advice but merely a an article that the OP might like to read? If this is deemed advice, I apologise..

234

The only thing is that the "opinion" given in that article is not backed up in any way. Just because it's from a landlords' website does not mean it's right. Do they quote or reference any case or piece of legislation that supports their view?

Maximilian

Again, the Regulations do not provide for any right to rescind a contract, lease or whatever. That article seems to suggest that a tenant might be able to use the threat of reporting non-compliance as leverage, which is another matter entirely.

I think this thread has run its course.