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Advice on leaving contract early

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  • 01-02-2012 6:40pm
    #1
    midlandsmissus
    Banned (with Prison Access) Posts: 3,838 ✭✭✭


    Hi,

    I'm currently renting a flat in the midlands, have been renting a flat for six months and the lease is for a year.

    I've just been offered a job in Dublin and would like to move there. I gather the only way to get out of my contract early is to inform the landlord of my new circumstances and just ask him to let me out of the contract? I'm sure he'll say no.

    Don't know what to do really, commuting is going to be really expensive.

    Anything I can do?


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Youre only real option is to see if you can find someone to take over the lease and hope that the landlord agrees to it. The ball is really in their court though; you signed a fixed term lease and you are expected to honor the terms of the lease.


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    #3
    Gurgle
    Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    midlandsmissus wrote: »
    Don't know what to do really, commuting is going to be really expensive.

    Lie.

    Explain that you've lost your job and can't pay the rent / have to immigrate to escape prosecution / have to move 'home' to look after the farm / ...

    Wave goodbye to your deposit and off you go.


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Youre only real option is to see if you can find someone to take over the lease and hope that the landlord agrees to it. The ball is really in their court though; you signed a fixed term lease and you are expected to honor the terms of the lease.

    Nearly correct, djimi.

    Ask the landlord to let you assign your lease to someone else (who must be acceptable to the landlord after his checks). It is your responsibility to find this person. It the landlord has to find the person, you are liable for his reasonable expenses as well as losing your deposit if the property remains vacant as well as you are liable for the rent until the property is re-occupied.

    If the landlord refuses to accept an assignment, you are free to leave after 28 days written notice and retain your deposit.


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    #5
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    Let him know as soon as possible to give him time to get someone else in. He can take all or part of your deposit. Technically he could take you to court for the full amount but if he tries that you can sublet the house and maybe even make a profit.


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    #6
    nu-g 2008
    Closed Accounts Posts: 49 ✭nu-g 2008


    Im pretty sure all you have do is provide him/her with 28days notice-is that no the legal requirement ? If you cant love there anymore there is nothing you can do but give him the required notice to find someone else and then go on your way.I would think he is entitled to keeping your deposit though as you broke the lease agreement.


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    nu-g 2008 wrote: »
    Im pretty sure all you have do is provide him/her with 28days notice-is that no the legal requirement ? If you cant love there anymore there is nothing you can do but give him the required notice to find someone else and then go on your way.I would think he is entitled to keeping your deposit though as you broke the lease agreement.

    The landlord is entitled not only to keep your deposit but also persue you for the remainder of the rent owed for the duration of the fixed term. When you sign a fixed term lease you are expected to honor it; its a legal contract. Im not sure how many landlords will actually bother persuing for the balance of the rent, but that doesnt mean you can just take the attitude that its okay to inform them mid lease that you are leaving and then just pack up and go.


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    The landlord is entitled not only to keep your deposit but also persue you for the remainder of the rent owed for the duration of the fixed term. When you sign a fixed term lease you are expected to honor it; its a legal contract. Im not sure how many landlords will actually bother persuing for the balance of the rent, but that doesnt mean you can just take the attitude that its okay to inform them mid lease that you are leaving and then just pack up and go.

    Exactly as djimi says.
    Originally Posted by nu-g 2008
    Im pretty sure all you have do is provide him/her with 28days notice-is that no the legal requirement ? If you cant love there anymore there is nothing you can do but give him the required notice to find someone else and then go on your way.I would think he is entitled to keeping your deposit though as you broke the lease agreement.
    You have referred to a Part 4 tenancy in which a tenant can give notice at any time, without reason. The notice period depends on the amount of time that the tenant has been in occupancy and is 28 days if the tenant has been in the property for less than six months - thereafter the period increases.

    A fixed term lease is a legal contract for a specified period of time, which basically neither party can break save for breaching the terms of the lease.
    Irish law, in its wisdom, provides a legal and simple get-out for the tenant of a fixed term lease. This is by assignment of the lease, which if the landlord refuses, the tenant is entitled to leave and retain their deposit.

    However, it is the tenant's responsibility to find the assignee. A small price to pay for being able to break the contract. A landlord does not have this privilege of a get-out clause.
    If the landlord has to do the work, he is entitled to recoup his reasonable expenses from the tenant and if the property remains vacant for a month, he may also justifiably retain the deposit. Furthermore, if the property remains vacant, the tenant is responsible for the rent until a new tenant is in place.


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