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Ending fixed lease early. Not the usual question

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  • 24-05-2014 12:47am
    #1
    stoporilshoot
    Registered Users Posts: 8 ✭


    Hello ...Great site by the way.

    My circumstances are : I'm in a fixed 1 year lease on a property and understand the ways of ending a fixed term lease early and the pitfalls of doing so

    My LL isn't the best at sorting things out but putting that aside I have these issues which may let me get out of the lease early

    The tenancy isn't registered with the PRTB (LL's tight and I doubt it's declared to the revenue)
    No rent book
    No copy of the lease (If I don't have a copy of the lease how can I reassign? ?


    If I decide to pack it up before the end of the term, because the LL hasn't registered the tenancy does he have any comeback on me for the remainder of the years rent?
    I'm not intending leaving him high and dry and would be okay about forfeiting the deposit and maybe a few euro's extra to sweeten the deal but if he was awkward about it how would I stand?

    Cheers


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    stoporilshoot wrote: »

    The tenancy isn't registered with the PRTB (LL's tight and I doubt it's declared to the revenue)
    No rent book
    No copy of the lease (If I don't have a copy of the lease how can I reassign? ?

    Are you certain it is not registered? LL can register tenancy at any time.

    Are you paying rent in cash?, what makes you think he is not declaring in to revenue? If it is paid into a bank account, he is likely to declaring it.

    Did you sign a lease?, how come you don't have a copy?

    If you did sign a lease for a year, then you are on the hook for the term of the lease unless both parties agree to end it early.


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    #3
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    I'm failing to see how this isn't the usual question...you wish to break a legal contract by using the landlords alleged shortcomings as leverage.

    You have entered into a legally binding contract and you are obliged to adhere to that in conjunction with the RTA 2004. The landlord being unregistered with the PRTB or revenue has no bearing on the lease and from your post these are only suspicions.


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    #4
    stoporilshoot
    Registered Users Posts: 8 ✭stoporilshoot


    Thanks for the reply's , As you say I was wanting some leverage or a negotiating point to come out of the lease early if I end up buying somewhere. Obviously if there was a way of not having to pay up for the remainder of the term it would be better for me and I'd much rather negotiate an agreed settlement in cash.
    Cheers


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    #5
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Don't bank on bullying your LL because he "isn't registered" with the PRTB (from which stems your major assumption that he is a tax evader-a serious accusation). I renewed a tenancy in October 2012 and the PRTB system sent me an acknowledgement email during the week there lol.

    You should request a copy of your lease first off. The LL doesn't need to provide a rent book if the tenancy is governed by a lease.


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    #6
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    stoporilshoot wrote: »
    Thanks for the reply's , As you say I was wanting some leverage or a negotiating point to come out of the lease early if I end up buying somewhere. Obviously if there was a way of not having to pay up for the remainder of the term it would be better for me and I'd much rather negotiate an agreed settlement in cash.
    Cheers

    Try doing it by the book and reassigning the lease with the consent of the landlord. You can freely negotiate an early termination, however that doesn't mean the landlord will agree to your offer. IMO using blackmail tactics will not go in your favour either.


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    #7
    stoporilshoot
    Registered Users Posts: 8 ✭stoporilshoot


    The_Morrigan wrote: »
    Try doing it by the book and reassigning the lease with the consent of the landlord. You can freely negotiate an early termination, however that doesn't mean the landlord will agree to your offer. IMO using blackmail tactics will not go in your favour either.

    Yes your right, I will do it by the book. I wasn't thinking of blackmail tactics, I just wanted to know how I stood regarding the tenancy not being registered and terminating early.

    Cheers


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    #8
    Supercell
    Registered Users Posts: 15,408 ✭✭✭✭Supercell


    Given the rental market at the moment and his presumably precarious situation with the revenue i think as long as you give him a couple of weeks notice and leave the place clean and tidy you should be able to break the lease without much hassle. Did that many times in the 18 years or so I was renting.
    https://www.loughlinstown.ie/

    Have a weather station?, why not join the Ireland Weather Network - http://irelandweather.eu/



  • Options
    #9
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Supercell wrote: »
    Given the rental market at the moment and his presumably precarious situation with the revenue i think as long as you give him a couple of weeks notice and leave the place clean and tidy you should be able to break the lease without much hassle. Did that many times in the 18 years or so I was renting.
    Were you ok with your landlords terminating your lease in the same fashion?


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    #10
    Supercell
    Registered Users Posts: 15,408 ✭✭✭✭Supercell


    murphaph wrote: »
    Were you ok with your landlords terminating your lease in the same fashion?

    I wasn't breaking the law and yes I was turfed out twice with little notice when the landlord decided he wanted to sell up, both times i was in the place a few years.
    As long as the OP gives a couple of weeks notice and leaves the place clean and tidy I doubt the landlord will be more than slightly inconvenienced, he may even make a profit if he can up the rent at the same time.
    Little sympathy for landlords not paying their taxes unlike the rest of us PAYE suckers which have to. I think the OP giving a couple of weeks notice and leaving the place clean and tidy is reasonable in the circumstances.
    https://www.loughlinstown.ie/

    Have a weather station?, why not join the Ireland Weather Network - http://irelandweather.eu/



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    #11
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Supercell wrote: »
    I wasn't breaking the law and yes I was turfed out twice with little notice when the landlord decided he wanted to sell up, both times i was in the place a few years.

    Little sympathy for landlords not paying their taxes unlike the rest of us PAYE suckers which have to. I think the OP giving a couple of weeks notice and leaving the place clean and tidy is reasonable in the circumstances.


    Firstly, if the term of your lease is up which there is a good chance if you were there for a few years and had part 4 tenancy, the LL was entitled to ask you to leave if he was selling up.


    Let's park the revenue aspect of this thread, unless OP is paying in cash (which he hasn't confirmed) the rent is being transferred into a bank account which is likely to mean he is paying tax as there is a record of payments. Also as stated rent books are not necessary where there is a lease. So there is absolutely no grounds for suspecting tax is not being paid and this cannot be used to justify the OP breaking the lease early.

    What you think is one thing, what the LL sees when he looks over the signed contract is another. Yes the LL may be ok with OP leaving if he thinks putting it back on the market will be beneficial to him but on the other hand he may prefer to know in advance exactly when he will have to market it at the end of the term or he may be happier not to have to do it at all if OP can reassign the lease.

    In this case it is OP who wants to back out of agreement, and LL who will decide. There are lots of threads with tenants up in arms when the LL wants to break the lease early and most advocate the tenant receiving compensation, in this case the OP may have to pay what he owes and agreed to pay in the contract, nothing more.


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