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Tenant walking out of 12 month contract

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  • 20-07-2011 8:18pm
    #1
    no nails niall
    Closed Accounts Posts: 97 ✭✭


    Hello,

    I have rented a property to a young couple. They are 4 months into a 12 month contract and have now given me 2 months notice that they are moving out due to relationship troubles.

    Can i hold them to the 12 months. The estate agent takes me for the deposit everytime he lets the house, so i'll be well out of pocket again.

    Any advice?

    Thanks, Niall


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    #2
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Is there a break clause in the contract?


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    #3
    no nails niall
    Closed Accounts Posts: 97 ✭✭no nails niall


    ABajaninCork wrote: »
    Is there a break clause in the contract?

    Not sure, will check at the office tomorrow.

    A solicitor friend did tell me that tenancy contracts are not worth the paper they are written on when I spoke to him this afternoon!

    Niall


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    #4
    dlofnep
    Closed Accounts Posts: 20,759 ✭✭✭✭dlofnep


    2 months notice is more than apt. They clearly don't want to live together. Let it be.


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    #5
    Ciara22
    Registered Users Posts: 94 ✭✭Ciara22


    Hi Niall,

    If they signed a Fixed Term Lease then yes, they are legally obliged to stay here for the entire lease term. You would be within your rights to pursue them for the rent for the entire term remaining if they walk out. In reality, this would probably never happen as it takes a lot of time effort and money.

    So you can tell the tenants that in order to free themselves from the obligations of the lease, they need to find new tenants to take over the remainder of the lease, for the same rent.

    Whether they do this or not is another thing. When it comes down to it, they can give you 2 months notice, not pay another cent in rent, and live there for the next two years rent free before the case will ever be seen by a judge. That is the joys of the Residential Tenancies Act.

    If you have a competent enough Letting Agent, they should have been able to advise you of the above. But most dont as they see it as an opportunity to get another letting fee out of you.


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    #6
    no nails niall
    Closed Accounts Posts: 97 ✭✭no nails niall


    Ciara22 wrote: »
    Hi Niall,

    If they signed a Fixed Term Lease then yes, they are legally obliged to stay here for the entire lease term. You would be within your rights to pursue them for the rent for the entire term remaining if they walk out. In reality, this would probably never happen as it takes a lot of time effort and money.

    So you can tell the tenants that in order to free themselves from the obligations of the lease, they need to find new tenants to take over the remainder of the lease, for the same rent.

    Whether they do this or not is another thing. When it comes down to it, they can give you 2 months notice, not pay another cent in rent, and live there for the next two years rent free before the case will ever be seen by a judge. That is the joys of the Residential Tenancies Act.

    If you have a competent enough Letting Agent, they should have been able to advise you of the above. But most dont as they see it as an opportunity to get another letting fee out of you.

    Thanks for the advice.

    Looks like I may have to chalk this one down to experience. They are a decent enough couple in fairness and things just didn't work out.

    Back to the slippery estate agents to get it let again! :mad:


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    #7
    wyndham
    Registered Users Posts: 2,284 ✭✭✭wyndham


    You could always let it yourself.


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    #8
    Dermo
    Registered Users Posts: 1,514 ✭✭✭Dermo


    Why don't you put it up on daft yourself? There is no point in going through an estate agent unless you are not living nearby or work late hours.


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    #9
    mrgaa1
    Closed Accounts Posts: 759 ✭✭✭mrgaa1


    stop whining and re-rent the place out. By the time you pay someone to go to court etc... it'll not be worth it. There must have been a reason they moved out.


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    #10
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    no nails niall wrote: »
    The estate agent takes me for the deposit everytime he lets the house, so i'll be well out of pocket again.
    What do you mean by this?


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    #11
    Dermo
    Registered Users Posts: 1,514 ✭✭✭Dermo


    the_syco wrote: »
    What do you mean by this?

    estate agents usually charge the landlord 1 months rent (usually the same as the deposit) when letting a house on behalf of the landlord.


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    #12
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    mrgaa1 wrote: »
    stop whining and re-rent the place out. By the time you pay someone to go to court etc... it'll not be worth it. There must have been a reason they moved out.
    Yeah I'm sure you would be saying something similar if it was a tenant complaining about a LL cutting the agreement short.

    PRTB is meant to be used so shouldn't cost a penny.

    OP

    The estate agent should not charge you again and should do any pursuit of non-payment of rent. In reality they do very little for the money. Unless you absolutely have to never use an agent. They normally take a months rent and which is probably the same as the deposit but as such they are not taking the deposit. You can get them to do it much cheaper not too. half of that is acceptable now. The payment is meant for the full year and should be reduced if that doesn't happen. Watch out for the clause where if a tenant stays and they charge you another finders fee.

    Stick to your guns and check your agreements with both parties. You are being penalized for others actions.


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