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Estate agent wants us to relocate after 5 days of lease signing.

  • 02-10-2013 5:35pm
    #1
    [Deleted User]
    Posts: 0 ✭


    Hi guys.

    I'm in a bit of a situation at the moment. I signed a 6 month lease for a house with a well established estate agent last Friday and have moved in. The house is currently up for sale. Today I went in to talk with them over several issues regarding the houses condition and was told that they have sold the house yesterday and that they want me to relocate to a smaller, less appealing house in the area for the same rate of rent by the end of the week. As you can imagine I'm not very happy with this. I love the house I'm in and am settled in at this stage. It's a stones throw from work which is why I went with it in the first place.

    The issues regarding the condition of the property have not been dealt with. No dishwasher, freezer, mattress on one bed, damage door locks etc. All these problems can prove costly for the land lord to rectify and I think they want me out because of these demands. I honestly don't think the house has been sold at all but can't be 100% sure. Where do I go from here? Can I fight this?

    Thanks


Comments

  • #2
    the world wonders
    Registered Users, Registered Users 2 Posts: 489 ✭✭the world wonders


    Check your lease carefully and see if it has a clause allowing the landlord to break it. If there is no break clause you are in a very strong position and you cannot be forced to leave until the end of the lease. The landlord will be caught between the contract he has signed with the purchaser and the contract he has signed with you, and you will basically be able to name your own price.

    If there is a break clause then the landlord still has to give you at least 28 days notice even if you are not entitled to Part 4 rights, and nothing in the lease can reduce this 28 days notice:
    54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.
    ...
    57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—
    (a) one to which this Act applies but to which Part 4 does not apply (by reason of the
    operation of section 25), or
    ...
    58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.
    ...
    65.—(1) This Chapter states the period of notice to be given by a notice of termination.
    ...
    Less than 6 months: 28 days


  • #3
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    This is not the place to seek legal advice, neither is the Accommodation and Property Forum but...


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Bepolite wrote: »
    This is not the place to seek legal advice, neither is the Accommodation and Property Forum but...

    I'm not looking to take this to a solicitor or anything. I just want to know where I stand in terms of my newly signed lease.


  • #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    the world wonders wrote: »
    Check your lease carefully and see if it has a clause allowing the landlord to break it. If there is no break clause you are in a very strong position and you cannot be forced to leave until the end of the lease. The landlord will be caught between the contract he has signed with the purchaser and the contract he has signed with you, and you will basically be able to name your own price.

    If there is a break clause then the landlord still has to give you at least 28 days notice even if you are not entitled to Part 4 rights, and nothing in the lease can reduce this 28 days notice:

    Thanks. I'll have to read over it when I get home and see where I stand


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    http://www.threshold.ie/advice/


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  • #7
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    Did you not raise any of the issues before signing the lease? Surely that would have been the time to do it, rather than signing a lease which implies acceptance of the state of the property at that stage.


  • #8
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    There are numerous issues that may only come to light once you've moved in.

    A good example would be the heating. Only recently I moved into a place and the heating appeared to be working fine and serviced yearly. Within days of moving in the rads stopped heating. It turned out that there was a leak somewhere and the water pressure was dropping to zero. The LL suggestion was to keep topping up the water ever couple of days. :mad:

    That's just one example where I couldn't have known or seen there was an issue before moving in. There are plenty of others - windows not sealed properly, dampness problems, appliances not working etc. etc.
    schemingbohemia wrote: »
    Did you not raise any of the issues before signing the lease? Surely that would have been the time to do it, rather than signing a lease which implies acceptance of the state of the property at that stage.


  • #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    schemingbohemia wrote: »
    Did you not raise any of the issues before signing the lease? Surely that would have been the time to do it, rather than signing a lease which implies acceptance of the state of the property at that stage.

    I did but I found more which added to the bill. Things that are easily missed when you're busy making sure everything else is ok.

    Anyway after all that I made a deal with the estate agent that we be 100% refunded, not charged for the time we spent here and that we get compensated €100 for moving costs which I am happy with. We should have a new place sorted by tomorrow with another company as I'd rather take my business elsewhere.

    Thanks very much for your help guys. Lessons were learned and my advice to people is avoid renting any property that is up for sale.


  • #10
    discus
    Closed Accounts Posts: 3,049 ✭✭✭discus


    Name and shame?


  • #11
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The issues regarding the condition of the property have not been dealt with. No dishwasher, freezer, mattress on one bed, damage door locks etc. All these problems can prove costly for the land lord to rectify and I think they want me out because of these demands. I honestly don't think the house has been sold at all but can't be 100% sure. Where do I go from here? Can I fight this?
    For the regulations as regards items that must be supplied in a private rented accommodation google housing standards for rented accommodation (the latest legislation is 2009, the amended version of the 2008 Act).


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