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Not getting deposit back with proper notice?

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  • 20-06-2014 10:00pm
    #1
    Hushi
    Registered Users Posts: 1 ✭


    Good evening,

    Myself and my partner have a query in relation to the end of our tenancy.

    We have been living in this property since the 7th of March 2014. Everything has been absolutely great and we couldn't be happier with our landlords and the premises (studio apartment that shares the garden with our landlords house).

    Last month myself and my partner found a house we really wish to buy and got Sale Agreed a few weeks ago! In talks with our solicitor, we requested a closing sale date to be next month so we could give our current landlords the required notice - 28 days.

    We are about to give a Notice of Termination letter tomorrow (21st of June) to leave the premises on the 18th of July.

    I received a phone call today from the agent, notifying me we are about to lose our deposit entirely as we didn't stay for the length of time agreed on the lease (1 year). The deposit equals one months rent - 750 Euros (375euros from each tenant).

    Is it legal for the Landlord to keep our deposit in its entirety?
    (we haven't done any damage to the property, only need to sort out a Gas bill wich that hasn't been given to us yet).

    If any deductions need to be made to our Deposit (for the agent hiring, for example) how can it be proven by our Landlord that this is due to the lost of money for our early termination of tenancy?

    We were also told to pay the remaining days of next month (from the 7th-18th).

    What should we do in this situation?

    We are also worried cause the contract on the new house hasn't been signed yet and so we are worried the vendors might change the date or for a very unfortunate reason, the sale wouldn't go through. Is there any way we can protect ourselves from losing this property in case we can't move out on the 18th of July like we are planning?


    Thank you so much for your attention, any advice is much appreciated!
    Tagged:


Comments

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    #2
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    In terms of your deposit they can take out the costs of finding a new tenant and lost rent until the new tenants move in but if you got someone to replace you and the agent agreed to them then you would get your deposit back.

    No idea about the rest sorry. A private landlord may come to some sort of agreement if you let them know you are moving and keep them up to date but agents tend to be all or nothing.


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    #3
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    Hushi wrote: »
    We have been living in this property since the 7th of March 2014.
    Were you thinking in terms of buying when you signed the fixed term lease?
    Hushi wrote: »
    We were also told to pay the remaining days of next month (from the 7th-18th).

    What should we do in this situation?QUOTE]
    Honour the contract that you agreed to.


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    #4
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Hushi wrote: »
    We are about to give a Notice of Termination letter tomorrow (21st of June) to leave the premises on the 18th of July.
    Hushi wrote: »
    We are also worried cause the contract on the new house hasn't been signed yet
    Until you get the contract signed by both parties, it'd be foolish to give early notice, as you could easily end up having to rent again after forfeiting this deposit.


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    #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    OP if you signed a one year contract in March of this year, you could be on the hook for a lot more than your lost deposit, you have a signed contract committing you to renting for nine more months!, I'd say the loss of the deposit is a gift unless you can get someone else to take on your lease. Why did you sign a year contract if you knew you may be buying?

    As stated above, house purchases rarely close on time, you may find it very difficult to find a short term let.


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    #6
    Cuddlesworth
    Registered Users Posts: 13,994 ✭✭✭✭Cuddlesworth


    Once another lease is signed on the property, your obligations to your lease are gone. And you get your deposit back, minus rent lost.


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    #7
    alibab
    Registered Users Posts: 678 ✭✭✭alibab


    I am in the same situation except I would say will only becoming out of lease about six weeks early . I knew signing I would be buying and understood completely if I came out early I lose full deposit etc . In theory I could be liable to pay out rest of year but agent has said as it's only a small amount of time and they can put in tenants I am only looking at the deposit. I factored this in at the start . It's a lot to lose but I needed somewhere to live


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    #8
    dizzymiss
    Registered Users Posts: 282 ✭✭dizzymiss


    You signed a lease for a year. They could chase you for a lot more than your deposit considering you're leaving the lease so early.


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    #9
    Tar.Aldarion
    Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,096 Mod ✭✭✭✭Tar.Aldarion


    basically you need to find, or attempt to find tenants for the new place in agreement with your landlord, keep track of it.


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