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Silly problem with agency

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  • 19-09-2011 7:31pm
    #1
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭


    I'm renting an apartment. We moved in in Dec 2010, 12 months contract. It's an apartment located in the apartment building, 14 apartments on 2 floors.

    Now, we got the notice from an agency due to breaking the lease. Details not important, silly thing really. The date of our leave is the end of the month. We're paid for the all month, all bills paid etc.

    I got a call from the agency today and they said that they will upload the ad of the apartment online soon and they're going to bring people to view the apartment while we're still living there!

    I really don't want any strangers around. There's little baby in the apartment, etc. And we all have work and we're not willing to spend our free time to stay at home just to let the agent in to show the place to potential tenants. Especially after we were told that they're keeping our deposit.

    Can we refuse to do that and demand to show the apartment after we're finally gone?


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    #2
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Tell them to go hop. They are allowed reasonable access. Pretty sure showing the apartment around when you are still living there falls under that category.


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    #3
    Pisturchiella
    Closed Accounts Posts: 10 ✭Pisturchiella


    Hello,
    did you already check if the lease says something about viewings with prospective tenants in the last month of tenancy?
    It's a very standard clause, that usually also states the notice to be given to the occupier in case of viewings etc.


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    #4
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    Pisturchiella wrote: »
    Hello,
    did you already check if the lease says something about viewings with prospective tenants in the last month of tenancy?
    It's a very standard clause, that usually also states the notice to be given to the occupier in case of viewings etc.

    There is something like that:
    During the last four weeks of this tenancy:

    A. by prior appointment, to allow the Landlord, accopanied by no more than two persons at any one time, to enter the property too view it

    But I think it's about inspecting it, not advertising.


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    #5
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    Greenmachine wrote: »
    Tell them to go hop. They are allowed reasonable access. Pretty sure showing the apartment around when you are still living there falls under that category.
    I've never seen an apartment being shown during somebody's tenancy. I was about to view one apartment last week and was told that viewings have been canceled because the tenant decided to stay a week extra.


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    #6
    paul71
    Registered Users Posts: 3,251 ✭✭✭paul71


    WooPeeA wrote: »
    I've never seen an apartment being shown during somebody's tenancy. I was about to view one apartment last week and was told that viewings have been canceled because the tenant decided to stay a week extra.


    It is common, but should be by mutual consent and that depends on the relationship with your landlord. I will be moving myself in a few weeks and would have no problem with facilitating viewings once the time is agreeable, but having said that I don't have a small baby.


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    #7
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Is the Agency open Sundays? If not, arrange for them to come on a Sunday :D


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


    You are breaking the lease and within said lease it also gave you notice of what they do during the last month of tenancy. People complain about landlords don't stick to agreements.

    Considering they can pursue you for the complete lease I would be nice to them in what is perfectly reasonable.


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    #9
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    Its not that we broke the lease and they kicked us out. At the end it was our decision to leave. One of the reasons is that throughout all that time we've been refused to use our parking space that is included in the rent. Contract clearly points the location of the parking. They say that there is more apartments than parking spaces so there's nothing they can do. We're forced to use nearby paid parking. Of course it wont be refunded by them.


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    #10
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    WooPeeA wrote: »
    Its not that we broke the lease and they kicked us out. At the end it was our decision to leave. One of the reasons is that throughout all that time we've been refused to use our parking space that is included in the rent. Contract clearly points the location of the parking. They say that there is more apartments than parking spaces so there's nothing they can do. We're forced to use nearby paid parking. Of course it wont be refunded by them.

    Well then if they are breaking the terms of the contract bring them to the PRTB to get your deposit back.


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    #11
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    WooPeeA wrote: »
    Its not that we broke the lease and they kicked us out. At the end it was our decision to leave. One of the reasons is that throughout all that time we've been refused to use our parking space that is included in the rent. Contract clearly points the location of the parking. They say that there is more apartments than parking spaces so there's nothing they can do. We're forced to use nearby paid parking. Of course it wont be refunded by them.
    Leaving before the lease is finished is breaking the lease and they can hold you to it. Your decision but still breaking the lease.
    It sounds like you believed a space was part of the rent and they didn't. Directions are not the same as stating parking is included and I doubt the contract gave direction to parking. Different issue.

    Use common sense and let them show the property.


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    #12
    quaalude
    Registered Users Posts: 1,196 ✭✭✭quaalude


    WooPeeA wrote: »
    ... Contract clearly points the location of the parking...

    Bring them to the PRTB.


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    #13
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Ray Palmer wrote: »
    Leaving before the lease is finished is breaking the lease and they can hold you to it.
    Have you even tried reading the first post? Did you even get to the second paragraph?
    WooPeeA wrote: »
    Now, we got the notice from an agency due to breaking the lease. Details not important, silly thing really. The date of our leave is the end of the month. We're paid for the all month, all bills paid etc.
    They got the notice to leave before the 12 months.


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    #14
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    the_syco wrote: »
    Have you even tried reading the first post? Did you even get to the second paragraph?
    Yes i read it maybe you didn't!
    the_syco wrote: »
    They got the notice to leave before the 12 months.

    They got notice for breaking the lease,go back and read it. Meaning that the tenants broke the lease! The notice is not clear in meaning but I took it as "notice" they were given notice about the agreement that they would be leaving. They we then contacted by the agency the place was being advertised and would be viewed per the agreement both parties signed.


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    #15
    Aprilmay
    Registered Users Posts: 282 ✭✭Aprilmay


    duplicate post


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    #16
    Aprilmay
    Registered Users Posts: 282 ✭✭Aprilmay


    WooPeeA wrote: »
    I'm renting an apartment. We moved in in Dec 2010, 12 months contract. It's an apartment located in the apartment building, 14 apartments on 2 floors.

    Now, we got the notice from an agency due to breaking the lease. Details not important, silly thing really. The date of our leave is the end of the month. We're paid for the all month, all bills paid etc.

    I got a call from the agency today and they said that they will upload the ad of the apartment online soon and they're going to bring people to view the apartment while we're still living there!

    I really don't want any strangers around. There's little baby in the apartment, etc. And we all have work and we're not willing to spend our free time to stay at home just to let the agent in to show the place to potential tenants. Especially after we were told that they're keeping our deposit.

    Can we refuse to do that and demand to show the apartment after we're finally gone?

    If you broke the terms of your lease they are entitled to look for the money till the end of the lease -personally if it was me allow them to show the place and you may get your deposit back as they may be entitled to it since you have broken the terms. You have not said what the terms were but it could go against you if your looking for a reference from the landlord


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    #17
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    I don't think that a reason of breaking the lease or who broke it first makes any difference here.

    The thing is I don't want them the to view/inspect/search my house while I'm there. I don't want them to wake up a baby. It's not easy to make a week old baby sleeping..

    I sent them a text message yesterday saying that I'm free on Saturday and asked them if that suits them. I got an answer today: "we will view the apartment tomorrow" :confused:

    WTF?? I'm busy tomorrow. I have to buy a tv stand for my new place, change addresses in bank etc. Why cannot they wait those 3 days?


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    #18
    Victor
    Registered Users Posts: 78,399 ✭✭✭✭Victor


    WooPeeA wrote: »
    Pisturchiella wrote: »
    Hello,
    did you already check if the lease says something about viewings with prospective tenants in the last month of tenancy?
    It's a very standard clause, that usually also states the notice to be given to the occupier in case of viewings etc.

    There is something like that:
    During the last four weeks of this tenancy:

    A. by prior appointment, to allow the Landlord, accopanied by no more than two persons at any one time, to enter the property too view it

    But I think it's about inspecting it, not advertising.
    I would read viewings as prospective new tenants, not a surveyor / architect / whatever. Note the "by prior appointment" bit - it ahs to be agreed.

    Potentially offer them a two hour window one or two evenings per week and one weekend afternoon or whatever suits.


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    #19
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    Victor, I agree. That's why I proposed Saturday and asked for a suitable time. I still didn't get an answer from them. It's my weekend off.


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    #20
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    Email to PRTB has been sent.

    I came back to the apartment today after a day away and was surprised by the mess. Someone from an agency was in the apartment with their own keys when nobody was there. I found my clothes on the floor and some stuff packed in the bin bags. Also all chests and wardrobes were left opened. None of us has been informed about such visit. :confused:


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    #21
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Take plenty of photos. PRTB will need a signed complaint form and a fee of €25 to entertain a complaint.


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    #22
    housetypeb
    Registered Users Posts: 1,192 ✭✭✭housetypeb


    WooPeeA wrote: »
    Email to PRTB has been sent.

    I came back to the apartment today after a day away and was surprised by the mess. Someone from an agency was in the apartment with their own keys when nobody was there. I found my clothes on the floor and some stuff packed in the bin bags. Also all chests and wardrobes were left opened. None of us has been informed about such visit. :confused:

    Why don't you change the lock on the door for the month that you're staying and put the old lock back on when you leave?
    That way, you would find out if they have been trying to show the place when you're not there when they call to complain about no access.


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    #23
    WooPeeA
    Closed Accounts Posts: 1,136 ✭✭✭WooPeeA


    That is some idea. I think that I wouldn't be able to put the old lock back as when you change the lock you have to break it.


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    #24
    Victor
    Registered Users Posts: 78,399 ✭✭✭✭Victor


    housetypeb wrote: »
    Why don't you change the lock on the door for the month that you're staying and put the old lock back on when you leave?
    You aren't entitled to change the locks on your landlord's property.
    WooPeeA wrote: »
    That is some idea. I think that I wouldn't be able to put the old lock back as when you change the lock you have to break it.
    Lock changes tend to be rather straight forward when the door is open - simply a matter of unscrewing it and replacing it with the same model.


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