Lease Termination Query

g'em

Hi all, I'll try and keep this as brief and straightforward as I can!

I moved into a one-bed apt. in Sept. 2009. Landlord is registered with PRTB, no hassles at all, had a very enjoyable 2 and a bit years there.

On May 6th (Sunday) I contacted the letting agency to enquire about how to go about leaving the property. They passsed on my query to the LL, he called me and said no problem, we'll ge tit up on Daft asap and get it sorted. LL said that if property wasn't let after a 'reasonable amount of time' he'd release me from the lease and I'd get my deposit back.

I moved out on Monday May 14th but continued to pay rent. LL had the run of the apartment for viewings whenever he wanted and didn't have to ask my permission for access.

Spoke to the LL this Monday (June 18th) to check progress. He also agreed to let me put the Gas and Electricity back in his name. Paid rent again for a month yesterday.

I sent the PRTB a query about notice periods but I'm just waiting on clarification and I was wondering could anyone help me. Am I right in thinking that after living there for 2+ years my notice period is 56 days and after that I am entitled to my deposit and a refund on any rent paid but not used?

Thanking you - if anything I've mentioned isn't clear just shout.

Sleepy

Had you signed a new lease each year or did you just continue paying your rent every month after the first year's lease expired?

If not, afaik, the notice period should have been a single month.

djimi

What kind of a lease did you have? Did you renew a fixed term lease in Sept 2011 or are you on a part 4 tenancy?

The notice period for a part 4 is 56 days. Technically the landlord is entitled to charge you rent up until the last day of that notice period if he so chooses. You can agree a shorter notice period if its okay with the landlord (get this agreement in writing) but thats at the descretion of the landlord. You are only entitled to a refund on rent paid if its outside the notice period (where say your notice period ends in the middle of a rent month you can ask for the rest of that months rent back).

djimi

Sleepy wrote: »

If not, afaik, the notice period should have been a single month.

Notice period for 2-3 years on a part 4 tenancy is 56 days.

g'em

djimi wrote: »

What kind of a lease did you have? Did you renew a fixed term lease in Sept 2011 or are you on a part 4 tenancy?

The notice period for a part 4 is 56 days. Technically the landlord is entitled to charge you rent up until the last day of that notice period if he so chooses. You can agree a shorter notice period if its okay with the landlord (get this agreement in writing) but thats at the descretion of the landlord. You are only entitled to a refund on rent paid if its outside the notice period (where say your notice period ends in the middle of a rent month you can ask for the rest of that months rent back).

Cheers djimi, I signed a fixed term in Sept 2011. I'm on day 46 since I gave notice now and I'm quite happy to pay rent up to the 56 day period being a law abiding citizen and all that but I'm just wondering can I be firm about leaving after the 56 days if he tries to say I have to continue paying until a tenant is found.

Day 56 is July 1st so if I can tie things up then I would be asking for rent return from July 2nd - July 19th (already paid). Is that ok for me to do?

djimi

If you signed a fixed term 1 year lease in Sept 11 then you are in the house until Sept 12; a fixed term lease cannot be broken without the landlords written concent and he is under no obligation to allow you to break it. With a fixed term lease the 56 day notice period does not apply; you are bound by the lease until it expires.

Caseywhale

Hope you gave your notice in writing

g'em

djimi wrote: »

If you signed a fixed term 1 year lease in Sept 11 then you are in the house until Sept 12; a fixed term lease cannot be broken without the landlords written concent and he is under no obligation to allow you to break it. With a fixed term lease the 56 day notice period does not apply; you are bound by the lease until it expires.

ah ok, that clears that up. Thanks djimi, I'll just have to hope it's let soon so

Caseywhale I wrote to the Letting Agency, they contacted the LL.

djimi

Just make sure that you get it in writing that he is okay to let you out of the lease early once the place gets let. Without that written confirmation there is nothing to stop him from turning around and saying that you broke the lease early, and it would be a case of your word against his.

g'em

djimi wrote: »

Just make sure that you get it in writing that he is okay to let you out of the lease early once the place gets let. Without that written confirmation there is nothing to stop him from turning around and saying that you broke the lease early, and it would be a case of your word against his.

Will do. He's never given me his email address and always conducts business by phone (never been a problem though, he's a sound guy and I've only had to talk to him two or three times over the last three years) but I'll be sure to get it for this. Cheers for the help

Victor

g'em wrote: »

djimi wrote: »

If you signed a fixed term 1 year lease in Sept 11 then you are in the house until Sept 12; a fixed term lease cannot be broken without the landlords written concent and he is under no obligation to allow you to break it. With a fixed term lease the 56 day notice period does not apply; you are bound by the lease until it expires.

ah ok, that clears that up. Thanks djimi, I'll just have to hope it's let soon so

Note hte operative words in djimi's post are "if" and "2011". If it is an old lease that your just continued on an ad hoc basis, the only rule is the 56 days. If you signed a lease in Sept 2011 to Sept 2012, then that supersedes it, but you are entitled to assign the lease.

g'em

I must sound awful thick, but I'm confused

I signed a lease originally in Sept 2009 for one year. Letting agent was late sending out the next annual lease and I didn't sign until around February 2011. Landlord sent me next lease directly in Sept 2011 and I signed that. Does that make it clearer? (As mud says you )

Victor

g'em wrote: »

Landlord sent me next lease directly in Sept 2011 and I signed that.

OK, is this lease for a year? What is the notice period included in the lease?

A lease is an agreement to pay the full rent for the duration, that the money is paid monthly is a matter of convenience.

Typically a one year lease means you have to stay the full year. Some times, it may specify a notice period, e.g. 30 days. However, most leases insist you stay the full year.

Often, people will want to stay longer than a year, in which case (assuming no new lease is signed) the Residential Tenancies Act 2004 is the controlling influence and it specifies a sliding scale of notice that needs to be given. Side note: the main protections of the RTA kick in either the day you move in or after 6 months.

However, you signed a new lease in Sept 2011, so you are required to see that out. There are three ways of doing this:
* Keep paying rent until the lease expires
* By agreement
* Find a replacement (reasonably acceptable to the landlord)

The first is undesirable if you no longer live there. The second is undesirable to landlords as the market is soft, so that leaves the third. Either you or the LL finds a replacement. Potentially, both options cost you money in advertising (reasonable), letting fees (not so reasonable), etc.

Make sure the landlord hasn't already re-let the property without your knowledge.

odds_on

As you are breaking a fixed term lease and if the landlord has to find the new tenant, the landlord has the right to claim from you, his reasonable expenses in so doing.

gurramok

g'em wrote: »

Day 56 is July 1st so if I can tie things up then I would be asking for rent return from July 2nd - July 19th (already paid). Is that ok for me to do?

No you can't, you have to pay the rent till Sept 2012 unless the LL agrees to a tenant replacement for you who will pay the rent. Come Sept 2012 when your lease expires, you can leave as you gave the required 56days notice, then its up to the LL to find a tenant.(oh and take foto's before you leave )

g'em

Thanks everyone for all the replies. The LL has taken charge of finding a new tenant so I think my only option here is to sit tight and hope there's a new one found soon. Photos were taken for the daft ad so I have proof the place was impeccable.

Cheers again for the info all