I really want to move out of my apartment, but I signed a 12 month lease

shadowcomplex

I really want to move out of my apartment however I did sign a 12 month lease back in january, the thing is when I moved in the agency said if i wanted to leave before then it shouldnt be a problem as most landlords dont chase up for the rest of the rent but I would lose my deposit, I am perpared to lose the deposit but I want to move out because

a. im coming off shift in work and cant really afford the rent anymore

b. I have been asking the landlord to do some jobs in the place for the last few months now but he keeps ignoring me

Victor

Are the problems such that a reasonable person would leave?

Does the lease have a break clause?

Can you get someone to share with you?

Can you get someone to take over the lease?

shadowcomplex

Are the problems such that a reasonable person would leave?no microwave, freezer door broken, no curtins on windows just a very bad blind

Does the lease have a break clause?no

Can you get someone to share with you?no

Can you get someone to take over the lease?no

needadvi

Well if your ready to lose your deposit then you should just go especially since the landlord is not doing the jobs your asking him to do. So he/she/they have to hold up their part of the deal as much as you do. Good luck

Victor

Talk to the landlord, explain the situation. Would a rent reduction work?

You could advertise someone to replace you, but you might be stuck for the difference in the rents.

Tigger

did you get a ber cert if not then you can break whenever you like and get the deposit back

the groutch

why do people insist on trying to use the deposit as a final payment?
the deposit is not in lieu of the last months rent, it's for covering damage beyond normal wear and tear, nothing else

shadowcomplex

i didnt get a ber cert

shadowcomplex

the groutch wrote: »

why do people insist on trying to use the deposit as a final payment?
the deposit is not in lieu of the last months rent, it's for covering damage beyond normal wear and tear, nothing else

im not, im giving him this months rent and 28 days notice but I dont expect to get the deposit back because im breaking the lease early

Victor

Tigger wrote: »

did you get a ber cert if not then you can break whenever you like and get the deposit back

This may be overstated. While it is illegal to not provide a BER cert, the suggestion that it voids the lease is doubtful.

the groutch

shadowcomplex wrote: »

im not, im giving him this months rent and 28 days notice but I dont expect to get the deposit back because im breaking the lease early

if you do leave, as for the deposit back, he can't withold it.
the rent you might owe him for the rest of the lease term is a completely seperate issue.

not even wrong

the groutch wrote: »

if you do leave, as for the deposit back, he can't withold it.
the rent you might owe him for the rest of the lease term is a completely seperate issue.

Where are you getting this from? Are there any cases where the PRTB has ruled against a landlord in this situation? As far as I'm aware it's universally accepted practice for the landlord to retain the deposit if the tenant breaks the lease (without assigning the tenancy)...

RATM

Tigger wrote: »

did you get a ber cert if not then you can break whenever you like and get the deposit back

I heard about this clause too- there was a thread on it over at landlords.ie not too long ago and someone was saying that unless a BER cert is provided at the time of rental then the lease signed is invalid. Landlords over there were going mad to hear about it which kinda spoke to me that none of them had BER certs, as per their legal requirement.

But I have yet to hear of any tenant backing out of a lease on the basis of no BER cert and having the PRTB backing them up in a dispute.

Does anyone know of someone who has been successful going down this route?

Tigger

Victor wrote: »

This may be overstated. While it is illegal to not provide a BER cert, the suggestion that it voids the lease is doubtful.

Firstly, before giving an answer, as regards renting accommodation, let me explain:
The objective of the BER Regulations is to ensure that prospective tenants have the relevant information concerning energy usage of the dwelling they are contemplating renting. It should be noted that a B1 rating of 2 bed apartment would cost a tenant in the region of €500 per year while the similar apartment with a rating of D2 would cost approximately €1,600 per year; a difference of €1,100. For the average 3 bed house, the difference between B1 and D2 would be in the region of €1,555 per year. The objective of the BER cannot be fulfilled if the tenant is bound to a lease agreement in advance of knowing the information.

A tenant may use the information supplied on a BER certificate or ignore it before renting. Also, there is no requirement that tenants seek or obtain a BER certificate from the landlord. The obligation is solely on the landlord to provide one.

If you have already signed the lease agreement, then you are basically too late to rectify the situation. Failure to provide a BER certificate before a lease agreement is signed cannot be remedied by a subsequent provision of such certificate unless the tenant is simultaneously given the opportunity to back out of the lease. Thus, any lease agreement made without previously furnishing a current valid BER certificate to the would-be tenants may render the lease agreement invalid.

Article 10 of the Regulations provides that a person (a landlord or his agent) who contravenes any requirements of the Regulations commits an offence. Such an offence is punishable by fine on summary conviction not exceeding €5,000.

http://www.irishlandlord.com/forum/archive/index.php?t-1949.html

but i'm sure our landlords here would prefer to say its not a valid reason

shadowcomplex

how can a landlord prove a ber cert was given to the tenant before a lease was signed, i mean the tenent could just lie even if it was given to him

shadowcomplex

I have made up my mind, im moving out. Ill be sending my landlord my letter of notice in the morning, there has been too many things wrong with this apartment since ive moved in and the landlord has been very slow to get things fixed

The only heating i have are 2 electric heaters in each bedroom, there are 2 storage heaters one in the sitting room and one in the hall that are both not working, i told the landlord about this and he just said he didnt know how to fix them.i have had to buy an electric heater which eats electricity.

i mentioned to him months ago i needed a microwave BEFORE i signed the lease and he agreed to get me one, its been 6 months now and still waiting, the freezer compartment door in my fridge has been broken since i moved in and he still hasnt fixed this, its a pain because the freezer freezes stuff in the fridge.

i used to work shift so that means i have to sometimes sleep during the day, when i first moved in there was mould on the blinds. i asked these to be replaced and that i needed dark blinds as i needed the room as dark as possible to sleep during the day,he replaced the mouldy blinds with light blinds so the sun still gets in

i have the proof because i sent the agency an email and cc'd myself when i first moved in of all these issues

im not an unreasonable person, the place will be spotless before i leave, the place reeked of cigerettes and needed a good cleaning when i moved in

Tigger

shadowcomplex wrote: »

how can a landlord prove a ber cert was given to the tenant before a lease was signed, i mean the tenent could just lie even if it was given to him

well if they have one dated from before the lease was signed that would help

shadowcomplex

Tigger wrote: »

well if they have one dated from before the lease was signed that would help

that only proves it was done, it doesnt prove it was given to me

Tigger

shadowcomplex wrote: »

that only proves it was done, it doesnt prove it was given to me

chances are if they forked out for the cert then they'd provide the cert at the time of the lease

Victor

shadowcomplex wrote: »

i have had to buy an electric heater which eats electricity.

Electric heaters use electricity at the same rate, although some will be quicker at transmitting the heat, e.g. fan heater, whereas other are more gradual, e.g. storage heater.

shadowcomplex wrote: »

how can a landlord prove a ber cert was given to the tenant before a lease was signed, i mean the tenent could just lie even if it was given to him

That would be lying and possibly perjury.

Of course, did the tenant counter sign the BER cert?

Greenmachine

needadvi wrote: »

Well if your ready to lose your deposit then you should just go especially since the landlord is not doing the jobs your asking him to do. So he/she/they have to hold up their part of the deal as much as you do. Good luck

If there were no curtains on the windows etc. This kind of stuff should have been fixed before moving in. Some of the others could have been wear and tear or pre-existing. You are the best person to judge that.

When a landlord is playing like that, you stop paying rent and inform him you will continue payments again when this stuff is fixed. If that does get him moving then walk away.

swirlser

http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

"Provide heating appliances for every room lived in"
"Provide facilities for cooking and for the hygienic storage of food, for example, a 4 ring hob with oven and grill, fridge-freezer and microwave oven "

Id also like to highlight the fact that these are Minimum Standards.

Your landlord was having a laugh at your expense, lodge a complaint with the PRTB and discontinue rent payments until its settled/problems addressed.

Ray Palmer

swirlser wrote: »

http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

"Provide heating appliances for every room lived in"
"Provide facilities for cooking and for the hygienic storage of food, for example, a 4 ring hob with oven and grill, fridge-freezer and microwave oven "

Id also like to highlight the fact that these are Minimum Standards.

Your landlord was having a laugh at your expense, lodge a complaint with the PRTB and discontinue rent payments until its settled/problems addressed.

Read the last bit the minimum standard does not apply to all property at the moment.

Anybody who stops paying rent is in the wrong and that is how the PRTB see it too.

Storage heater may use the same amount of electricity but they should be using it on a dual meter and therefore cost less to run. They in theory use a small amount less. They often work when people think they don't becasue of the way the work. It is not instant heat. As heating is provided it is not a valid complaint. Curtains weren't there before so again not valid. a Broken fridge is an issue. BER maybe a valid reason but it is more a technicality and PRTB have yet to rule this as a valid reason. Your complaints run pretty slim once you cut down to what is valid.

Asking for anything before signing a lease with out a written agreement is worth the paper it is written on i.e nothing.