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  • 15-10-2013 6:02am
    #1
    dobman88
    Registered Users Posts: 6,494 ✭✭✭


    Bit of a long post but really need some advice.

    My girlfriend and I are renting a house and recently signed a new lease for a second year. Everything was grand the 1st year except the boiler broke so we had no heating for a few months. Our landlady's sister was sick and we knew she was caring for her so we let it go and didn't mention the boiler until signing the 2nd lease. After we signed it, the LL came to the house with the gardener to look at the boiler and started complaining about our bins out the back (half full and against a wall) and complaining about leaves on the ground, yes Leaves!! She rang my girlfriend saying she was very put out about the "state" of the back garden and all the leaves out there!! How can we stop leaves falling from the trees? The boiler is now fixed and we put oil in too.

    Anyway, we were chatting and it feels like she is trying to get us to move out without saying anything directly to us with lots of little "complaints" like leaves and 1 piece of a briquette that was on the hall floor one time she called round (i had just brought some in). So I checked the PRTB website and the house isn't registered on it. There are 3 other houses on the road we live registered so location isn't a problem.

    Would not being registered be a problem for us if we were to move out? Would we get our deposit back? Obviously we would leave the house in the same good shape we got it in. And how much notice would we have to give her? She did say before she would want 1 weeks notice, which I think is a bit short.

    Any advice is greatly appreciated cos I am a bit worried and I don't want to tell my girlfriend the house isn't registered. Thanks


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


    Youve just signed a further lease; you wont be going anywhere unless you want to.

    The house not being registered has absolutely no bearing on you whatsoever; as far as you are concerned you still have all the same rights and protection as you should have. What it does mean however is that you have a somewhat negligent landlord. It might only seem a small thing, but I would have to question if they cant be bothered/cant afford to register the tenancy, what else cant they be bothered/cant they afford to do?


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    #3
    dobman88
    Registered Users Posts: 6,494 ✭✭✭dobman88


    Yeah that's what I was thinking. She cuts corners with everything. Getting her "fella" to look at problems with the house. He is just some young lad with a tool box.

    And re moving out, I was thinking "the ball is in our court"?


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    With a fixed term lease your best (only really) option is to look to reassign if you wish to move out. See here for more details: http://www.threshold.ie/advice/ending-a-tenancy/assignment-and-subletting/


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    #5
    dobman88
    Registered Users Posts: 6,494 ✭✭✭dobman88


    djimi wrote: »
    With a fixed term lease your best (only really) option is to look to reassign if you wish to move out. See here for more details: http://www.threshold.ie/advice/ending-a-tenancy/assignment-and-subletting/

    Thanks for the link, I think he would agree if we moved out so that could work. I was just worried about the deposit tbh as I cold do with it because I am emigrating in January. And wat it meant for us cos she isn't registered. Thanks djimi


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    #6
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    Would he not be on part 4 if he's been there longer than 6 months?


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


    Why did you sign a further lease if you plan on emigrating in a few months?

    If both parties are agreeable to terminating the lease then you can do so without needing to assign. If the landlord does agree to it however I would be sure to get the agreement in writing, and include an agreed notice period and clarify the deposit. Then make sure to give your notice period in writing. This way if they turn around at a later date and say that you broke the lease early you have something to fall back on.


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Scortho wrote: »
    Would he not be on part 4 if he's been there longer than 6 months?

    Part 4 only applies where there is no signed lease.


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    #9
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    djimi wrote: »
    Part 4 only applies where there is no signed lease.

    Oh right I though that you had part 4 rights once you were there for longer than 6 months and even if they made you sign a lease for a second year it didn't sign away your part 4 rights?

    So if that's the case if your renting for a year in a place and they get you to sign a second years lease your part 4 rights are signed away by signing that lease?


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    The part 4 rights form the minimum rights that are afforded to a tenant, and as you say you obtain these rights after 6 months and they run concurrently with the fixed term lease. However, the fixed term of the signed lease trumps the clause in the part 4 tenancy that allows for either party to terminate the lease with set notice.


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    #11
    dobman88
    Registered Users Posts: 6,494 ✭✭✭dobman88


    Oh sorry, should have said. Signed the new lease 5 months ago, only got offered the new job abroad 2 weeks ago.

    Thanks for all the info, puts my mind at ease on how to handle it. Much appreciated.


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    #12
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    dobman88 wrote: »
    Oh sorry, should have said. Signed the new lease 5 months ago, only got offered the new job abroad 2 weeks ago.

    Thanks for all the info, puts my mind at ease on how to handle it. Much appreciated.

    Oh I'm sure your girlfriend would be worried if she found out the tenancy wasn't registered.
    Who do you think you are you bluffing? This isn't about the landlady trying to get rid of you. It's about you trying to evade your responsibilities after signing a lease and now find that you are emigrating. Wave bye bye to your deposit. Tenants have responsibilities as well as rights.


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


    Santa Cruz wrote: »
    Who do you think you are you bluffing? This isn't about the landlady trying to get rid of you. It's about you trying to evade your responsibilities after signing a lease and now find that you are emigrating. Wave bye bye to your deposit. Tenants have responsibilities as well as rights.

    Oh ffs. First of all, as I have outlined above there is no reason why the OP should lose their deposit, provided they seek to reassign the lease.

    Second of all, these things happen and with the best will in the world people from time to time need to terminate a lease early. The law recognises this, hence the reason why there is the reassignment route which allows tenants a legal out of a lease where they can keep their deposit. Going on about responsibilities etc is nothing more than pointless ranting.


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    #14
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Part 4 only applies where there is no signed lease.
    Part 4 only applies where there is no signed Fixed Term lease. There are Part 4 leases available.


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    #15
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    odds_on wrote: »
    Part 4 only applies where there is no signed Fixed Term lease. There are Part 4 leases available.

    Thanks for clearing that up.


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    #16
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Don't rely on the PRTB website to be up to date. It never is and some tenancies never make the website despite being registered.


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    #17
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Oh ffs. First of all, as I have outlined above there is no reason why the OP should lose their deposit, provided they seek to reassign the lease.

    Second of all, these things happen and with the best will in the world people from time to time need to terminate a lease early. The law recognises this, hence the reason why there is the reassignment route which allows tenants a legal out of a lease where they can keep their deposit. Going on about responsibilities etc is nothing more than pointless ranting.
    For the tenant, yes; there is no such provision for the landlord and only a restricted provision in Part 4 for the landlord.


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    #18
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Indeed.


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    #19
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    Indeed.
    Unfortunately, there are numerous "unwilling" landlords who do not know this and expect to regain possession of their property because their circumstances change and want to return to living in their own house.

    In these kind of circumstances, landlords should consider Part 4 tenancies - but then, if they don't know the law as regards Fixed term agreements, they are likely to be unaware of the law as regards Part 4 tenancies!


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    #20
    Victor
    Registered Users Posts: 78,414 ✭✭✭✭Victor


    Santa Cruz wrote: »
    Oh I'm sure your girlfriend would be worried if she found out the tenancy wasn't registered.
    Who do you think you are you bluffing? This isn't about the landlady trying to get rid of you. It's about you trying to evade your responsibilities after signing a lease and now find that you are emigrating. Wave bye bye to your deposit. Tenants have responsibilities as well as rights.
    Let's keep it on topic. It has little to do with the OP's girlfriend and lawfully extricating himself from the lease isn't unreasonable.

    Moderator


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