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Trying to move out and get deposit back

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  • 27-04-2012 8:37pm
    #1
    og2k7
    Registered Users Posts: 415 ✭✭


    Hi there,

    Trying to end the tenancy agreement that has been signed initially in October 2010 and then extended for another year in 2011.

    The new contract says the lease agreement has been extended to 24 months expiring in October 2012.

    I have mailed the agency that has been looking after the whole lot and got word back that if we move out now, we would breach the contract and forfeit the deposit.

    In my mail also said we find the place unsuitable for us and our son to live in and management has done nothing to change it - have all mails saved - complaing about loud parties, people throwing bottles from balconies and all that.

    What could I do, what card I should play to get out of it and get my deposit back? Also we pay upfront for the gas - have some credit there, do we get back this as well, or is it also being considered as rent money?

    Any advice would be appreciated...


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    #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The first lease that you signed was probably a fixed term lease. Could you confirm that you signed a second fixed term lease or an annex to the first lease that says the fixed term is extended to 24 months.

    If you are still in a fixed term lease, to get out of it without penalty, you can assign the lease to someone who will take it over. As it is you who wants to break the lease, it is your responsibility to find the new tenant having got permission from the landlord/agent that you can assign the lease. If the landlord/tenant will not give the permission then you are free to leave after written notice.

    The new tenant that you find must be acceptable to the landlord after his checks etc. If you fail to find a new tenant and the landlord has to do it, you are liable for the landlord's reasonable costs (advertising, agents fees etc). You are also liable for the rent until the new tenant takes up occupation; however, if the new tenant takes up occupation within the first month of you vacating, the landlord should return your deposit on a pro rata basis.

    However, on the one hand, landlords tend to keep the full deposit as "damages" for breaking the lease - copying several PRTB adjudications where the landlord was awarded damages for breach of contract. On the other hand, landlords seldom pursue tenants for the rent in excess of the value of the deposit even if the property is not re-let within the first month.


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    #3
    og2k7
    Registered Users Posts: 415 ✭✭og2k7


    Hey Odds_on,

    Thanks for that

    I have signed the latter one: the annex with the extension to 24 months.

    From the looks of it, i am going to loose that deposit, jeez and I was compaling about my previous landlord - had none of those issues with him.


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


    Go for an assignment. Find a suitable tenant and you should get your deposit back.


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    #5
    og2k7
    Registered Users Posts: 415 ✭✭og2k7


    odds_on wrote: »
    Go for an assignment. Find a suitable tenant and you should get your deposit back.
    This might prove a bit difficult - especially with that "throwing bottles" bit. Well, will see how this goes...

    Thanks very much anyways.


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    #6
    og2k7
    Registered Users Posts: 415 ✭✭og2k7


    Just had this 1 thought - if they dont give me the deposit back as I would breach the contract, and my lease is up on the 4th of May, what happens if I move out by then and cancel direct debit?

    I would loose the deposit, but would not pay another months worth rent?


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    #7
    not even wrong
    Registered Users Posts: 480 ✭✭not even wrong


    og2k7 wrote: »
    the lease agreement has been extended to 24 months expiring in October 2012.
    and my lease is up on the 4th of May
    Which is it?
    In my mail also said we find the place unsuitable for us and our son to live in and management has done nothing to change it - have all mails saved - complaing about loud parties, people throwing bottles from balconies and all that.
    If the management company isn't helping, you should complain to the PRTB, they have the power to enforce rules against anti-social behaviour.


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    #8
    og2k7
    Registered Users Posts: 415 ✭✭og2k7


    It expires in October, the next rent is going out on the 4th via direct debit - sorry, minding baby at the same time and he is not helping :)


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    #9
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    og2k7 wrote: »
    Just had this 1 thought - if they dont give me the deposit back as I would breach the contract, and my lease is up on the 4th of May, what happens if I move out by then and cancel direct debit?

    I would loose the deposit, but would not pay another months worth rent?

    Your landlord could take a case against you and persue you for the full amount of rent due until the end of your lease. They mightnt bother with the hassle, but its a chance that you would take.


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    #10
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    og2k7 wrote: »
    Hey Odds_on,

    From the looks of it, i am going to loose that deposit, jeez and I was compaling about my previous landlord - had none of those issues with him.

    Why exactly are you comlaining about losing your deposit - YOU ARE THE ONE BREAKING THE LEASE - don't you understand? your trying to change the agreement you both signed as binding.


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    #11
    og2k7
    Registered Users Posts: 415 ✭✭og2k7


    quietsailor wrote: »
    Why exactly are you comlaining about losing your deposit - YOU ARE THE ONE BREAKING THE LEASE - don't you understand? your trying to change the agreement you both signed as binding.
    yep thats correct, but I havent signed up for the landlord not giving a damn about the a) loud parties in their other apartments b) people throwing stuff through windows. Sent multiple complaints about this and no improvements, so yes, I AM BREAKING THE LEASE.


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    #12
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    og2k7 wrote: »
    yep thats correct, but I havent signed up for the landlord not giving a damn about the a) loud parties in their other apartments b) people throwing stuff through windows. Sent multiple complaints about this and no improvements, so yes, I AM BREAKING THE LEASE.

    Unless the LL owns the other properties - and I can't see that from your original post - its none of his business, in fact if he was to get involved he'd probably get in trouble. The only people who can deal with anti-social behaviour of those properties are
    1. The management agency - NOT the letting agency, people often confuse the two
    2. The LL of those houses when you report the noise to the county council
    3. The county council
    4. The PRTB
    If anyone else interferes they have no legal right to do so.

    On more thing - your Gas credit. you probably have an account with the supplier? If so you just take the account with you to the next house and start there with credit. You can also close your account and get a refund but that will take time


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    #13
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    og2k7 wrote: »
    yep thats correct, but I havent signed up for the landlord not giving a damn about the a) loud parties in their other apartments b) people throwing stuff through windows.

    I'm sorry, perhaps I am missing some thing here, but how is the landlord responsible for the anti social behaviour of others? What is he supposed to do exactly? How is he supposed to stop people from having loud parties? That is something for the management agency, the landlords of the anti social people & possibly the Guards to deal with.It is not your land lords responsibility.

    Btw, why did you sign up for a second term of the lease? If you had already been living there for a year when you signed the new lease, didn't you know already that this kind of stuff was going on? Why didn't you move last October when the term of the first lease ran out?


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