Tenant breaking fixed-term lease early

Fol20

Hi Guys,

This have not happened to me yet but im just wondering what the procedure is.

There is no break clause in the contract and the original tenant was registered with the PRTB, and have provided 8 months into a 12 contract, they told you they will leave at the end of the 10th month.

What do you there then, can you withhold 90 for re-registering a new tenant with the PRTB, can you charge them for re-advertising through daft, can you charge them for using an agency to look for new tenants?

Michael D Not Higgins

Tell them to reassign the lease or you will have to deduct from the deposit for your expenses incurred. These include advertising and any rent outstanding between the time they leave and the time you have new tenants. Note that you are obliged to mitigate your loss by having someone replace them as soon as possible.

Mr. Incognito

Michael D Not Higgins wrote: »

Tell them to reassign the lease or you will have to deduct from the deposit for your expenses incurred. These include advertising and any rent outstanding between the time they leave and the time you have new tenants. Note that you are obliged to mitigate your loss by having someone replace them as soon as possible.

That has no legal basis. At all. Where do people invest this stuff.

http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination-and-notice-of-termination-by-email

an you withhold 90 for re-registering a new tenant with the PRTB,

No

can you charge them for re-advertising through daft,

No

can you charge them for using an agency to look for new tenants?

No

Once the legal ntoice period is given- see the link that's it. Those costs are cost that you would have to incurr whether they broke the lease legally or illegally and are not recoverable from the deposit.

Fol20

Mr. Incognito wrote: »

That has no legal basis. At all. Where do people invest this stuff.

http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination-and-notice-of-termination-by-email

an you withhold 90 for re-registering a new tenant with the PRTB,

No

can you charge them for re-advertising through daft,

No

can you charge them for using an agency to look for new tenants?

No

Once the legal ntoice period is given- see the link that's it. Those costs are cost that you would have to incurr whether they broke the lease legally or illegally and are not recoverable from the deposit.

In the PRTB link you provided, i cant see any info about my question, just the notice period.

It doesnt seem fair that two parties enter a contract and When a tenant backs out before the end of the lease, the Landlord cant use his deposit to replace the tenant with a new one. I would do all the usual steps i would do to source a new tenant but it seems unfair that i am out of pocket when its the tenant breaking the lease. Whats the point of a 1 year contract then in the first place. It means nothing..


Are they not required to pay the full 12months of their lease anyway, I thought in theory landlords could go after them for the full 12 months if they wanted to, not that they would but they had the option to.

ted1

Mr. Incognito wrote: »

That has no legal basis. At all. Where do people invest this stuff.

http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination-and-notice-of-termination-by-email

an you withhold 90 for re-registering a new tenant with the PRTB,

No

can you charge them for re-advertising through daft,

No

can you charge them for using an agency to look for new tenants?

No

Once the legal ntoice period is given- see the link that's it. Those costs are cost that you would have to incurr whether they broke the lease legally or illegally and are not recoverable from the deposit.

Why not look up fixed term leases , to which this question relates to.
http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy

More specifically this part.
*******
id Notice of Termination. Equally, a tenant who has entered into a tenancy for a fixed term is bound by the terms of the contract entered into and may not terminate the tenancy before expiry of the fixed term unless the contract so allows or there has been a breach of the landlord's obligations. Therefore if a tenant ends a 1-year lease tenancy 4 months before the term is due to expire, the tenant is liable under that contract for the rent as it falls due for the remainder of the term unless the landlord succeeds in re-letting the dwelling (although a landlord is required to mitigate his/her loss by re-letting the dwelling as speedily as possible). In such circumstances it is at the landlord's discretion whether or not to retain from the deposit any outstanding rent due under the lease agreement.
***********
From : http://www.prtb.ie/dispute-resolution/disputes/deposit-refund


Now I think you owe people an apology

Marcusm

Mr. Incognito wrote: »

That has no legal basis. At all. Where do people invest this stuff.

http://www.prtb.ie/dispute-resolution/disputes/the-three-stages-of-a-tenancy/notice-periods-for-notice-of-termination-and-notice-of-termination-by-email

an you withhold 90 for re-registering a new tenant with the PRTB,

No

can you charge them for re-advertising through daft,

No

can you charge them for using an agency to look for new tenants?

No

Once the legal ntoice period is given- see the link that's it. Those costs are cost that you would have to incurr whether they broke the lease legally or illegally and are not recoverable from the deposit.

You're the solicitor; surely you'd recognise that for a fixed term lease without a break clause, the landlord is entitled to damages up to and including rent for the unexpired period subject to the landlord's obligation to minimise his loss by, for example, reletting the property.

Mr. Incognito

I was wrong. I apologise.

Pkiernan

Mr. Incognito wrote: »

I was wrong. I apologise.

Why isn't your apology on bold?

Victor

Folks, behave.

Moderator

Fol20

Now now lads, it takes a bigger man to say hes wrong, leave him off.