Landlord disagreement

dannyman2010

Hi
I could really do with help on the following asap.

I moved into an apartment in July, signing a 12 month lease with a letting agency. Everything was ok until the cold weather in November and mould began to appear in my bedroom. I cleaned the mould away and kept the room well ventilated but it returned again and spread around the room. The owners were informed, who took photos and suggested it could have been from a leak upstairs (they owned the whole building) and the caretaker for the agency also looked at it but nothing was done to fix the problem.

Just before Christmas, I had to relocate because of a new job. I gave a months notice to say I would be moving out at the end of January, expecting to loose my deposit. However the agency and owners will not accept this and are threatening court action unless I pay the remainder of the lease, which is 6 months rent.

The lease states the following:

"GIVE NOTICE OF DEFECTS-
Notify the landlord/landlords agent immediately upon becoming aware of any damage, defect or want of repair of any nature affecting the property or any of the contents, whether or not caused by any act, default or neglect of the Tenant..."

It also states under Landlord obligations:

"MAINTAIN PROPERTY-
Carry out repairs to the property the liability of which obliges the landlord to repair the structure of the premises and exterior (including drains, gutters and pipes) and certain installations for the supply of water, electricity and sanitation (including basins, sinks, baths and sanitary conveniences and for space heating or water heating but not other fixtures, fittings and appliances for making use of the supply of water and electricity) This obligation arises only after notice has been given to the landlord by the tenant as set out above..."

My question is, would this legally Make the lease void as nothing was done to remedy the problem when it was reported?

Any help on this would be very much appreciated.

the_syco

Insure you give the landlord your new address, or they won't be able to find you, to send you the court letters... :pac:

davindub

find a subletter, they can either accept the sublet or they are obliged to terminate the lease. You should be able to get your deposit back as well minus any damages (make sure you take loads of pictures before moving out). See PRTB for more info.

dannyman2010

davindub wrote: »

find a subletter, they can either accept the sublet or they are obliged to terminate the lease. You should be able to get your deposit back as well minus any damages (make sure you take loads of pictures before moving out). See PRTB for more info.

Thanks. Have they broken the lease themselves by ignoring our reporting of mould?

davindub

dannyman2010 wrote: »

Thanks. Have they broken the lease themselves by ignoring our reporting of mould?

Maybe. Mould is common enough around windows but it depends on the extent.

You are statute bound to use thefficient RTB so it's more certain to use the legislation to end your tenency. Outside of the act, There would be a relevant argument about having to move for work purposes with a UK case called Ashbourne or that the notice periods in the act cannot be modified by the lease, etc. Problem is you will get counter arguments.

Better to take the simple option. Depending on the location you could probably find a sub letter quickly. I did this before, the landlord agreed to end (probably increased the rent too)

dannyman2010

davindub wrote: »

Maybe. Mould is common enough around windows but it depends on the extent.

You are statute bound to use thefficient RTB so it's more certain to use the legislation to end your tenency. There would be a relevant argument about having to move for work purposes with a UK case called Ashbourne or that the notice periods in the act cannot be modified by the lease, etc. Problem is you will get counter arguments.

Better to take the simple option. Depending on the location you could probably find a sub letter quickly. I did this before, the landlord agreed to end (probably increased the rent too)

Thanks again. They are being very difficult, and will not facilitate me in any way. They've given me two options:
I have to either pay off the rest of the lease or;

pay the letting agency's fees (months rent) and two months rent to give them time to get a replacement. Should they get a replacement by February 1st, the two months rent is non refundable. That's a total of €1875 (excluding Deposit) which must be paid up by this Friday! Simply cannot afford that!

They raised the rent immediately when they advertised 2 weeks ago and have already had 3 people view the flat, so demand is there and they will get a tenant in very soon. I haven't mentioned yet about them not fulfilling, in my opinion, their side of the lease by ignoring my complaint as I just wanted to know where I stood legally.

I'm getting desperate as I simply cannot afford what they're demanding

davindub

Of course they will, on a major power trip. You can be sure that money is going directly into their pocket rather than the landlord.

Any award by the RTB will be based on damages. So if they have not suffered damages = no possible award. They also have to take actions to limit the amount of damages, so they cannot refuse to let the apartment. Letting agent fees really would be cost of the ad (free on daft), any overtime occured (i.e. overtime if any, not 100 per day or anything ridiculous) - rent increase.

I would wait until they have let the apartment, do not agree to anything, do not pay anything, log any comings and goings. If they cannot let the apartment after a number of viewings, there is obviously something materially wrong with the apartment. They might bluster and threaten, but you now know, they cannot just magically fine you, no more than you could fine them.

Then I would inform the letting agent you will not pay any money, you have in the meantime realised that they are attempting to really get paid twice for the property. Also I would tell them if the deposit is not returned in full within 14 days, i will take a case to the RTB for it. Preferably to adjudication where there will be a public record, I would also point local newspapers to the case report.

Baby01032012

dannyman2010 wrote: »

Thanks. Have they broken the lease themselves by ignoring our reporting of mould?

2 wrongs don't make a right. They are within their rights as you signed a 12 month lease you are liable for the remainder of the lease. While landlord has obligation in relation to repairs it's like a broken washing machine, mould can be from the way the building was constructed, age, environment. Nothing landlord can do about these. If it went to court your arguement wouldn't have s chance as it would be seen as a reason made up to get out of your obligation. Reassign the lease. Agent/landlord will have to accept.

Mr. Incognito

Baby01032012 wrote: »

2 wrongs don't make a right. They are within their rights as you signed a 12 month lease you are liable for the remainder of the lease. While landlord has obligation in relation to repairs it's like a broken washing machine, mould can be from the way the building was constructed, age, environment. Nothing landlord can do about these. If it went to court your arguement wouldn't have s chance as it would be seen as a reason made up to get out of your obligation. Reassign the lease. Agent/landlord will have to accept.

This is nonsense.

1. Check the lease for termination. I doubt to allows the agent to gouge two months rent. Normally the deposit is forfeit.

2. Check the lease for assignment. Normally this is allowable on consent. Again check for penalty clauses.

3. Mould is not just one of those things. It can be a breach of the minimum standards that apply to rental accomodation. http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html
This can be a valid reason to terminate the lease if your landlord has been made aware and not remedied the situation

4. The tenant holds all the cards legally. If you simply stop paying rent they are impossible to evict in any timely manner. A sensible estate agent knows this.

5. Id be looking for my deposit to move or dont pay the last months rent in lieu. Its not legal but its effective.

6. If they are to enforce the contract its the district court. Its unlikely and you have a reasonable defence. Up to you

Ms Doubtfire1

Ehm...did you give notice within the first 6 month..what where the exact dates?

dannyman2010

Ms Doubtfire1 wrote: »

Ehm...did you give notice within the first 6 month..what where the exact dates?

Moved in on 29th July 2016, gave notice on December 29th 2016 that I would be moving out in one month (which would be 29th January)

Ms Doubtfire1

that would be within the first 6 month - at which point you are entitled to leave without any rights on the LL behalf to withhold any deposit or claim further rent - unless the term 'fixed' decides otherwise.Would contact threshold for advise.

Ms Doubtfire1

[font=Arial, "Trebuchet MS", sans-serif, Verdana]A fixed-term tenancy is an agreement that covers a specific amount of time. It is generally (but not always) set down in a written contract, called a lease. It may be for any period, but can range from as little as 6 months up to a year or more. It is important to note the following points about a fixed-term tenancy:[/font]

[font=Arial, "Trebuchet MS", sans-serif, Verdana][*]Your landlord may not end the tenancy before the end of the fixed term unless you have breached your obligations under it
[*]In general, you may not end the tenancy before the end of the term unless the landlord has breached his obligations under it; you are exercising a break clause; you have got someone to replace you; or you and the landlord both agree to end it
[*]However, if a private landlord* refuses to consent to an assignment or sub-let of the tenancy, you can terminate the tenancy under Section 186 of the Residential Tenancies Act 2004
[/font]

davindub

Mr. Incognito wrote: »

This is nonsense.

1. Check the lease for termination. I doubt to allows the agent to gouge two months rent. Normally the deposit is forfeit.

2. Check the lease for assignment. Normally this is allowable on consent. Again check for penalty clauses.

3. Mould is not just one of those things. It can be a breach of the minimum standards that apply to rental accomodation. http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html
This can be a valid reason to terminate the lease if your landlord has been made aware and not remedied the situation

4. The tenant holds all the cards legally. If you simply stop paying rent they are impossible to evict in any timely manner. A sensible estate agent knows this.

5. Id be looking for my deposit to move or dont pay the last months rent in lieu. Its not legal but its effective.

6. If they are to enforce the contract its the district court. Its unlikely and you have a reasonable defence. Up to you

RTB only since 2004

dannyman2010

All above advice or guidance is very much appreciated.

I am not trying to pull a fast one on the owners/estate agent. I genuinely expected to loose my deposit and that would be that. I completely understand that it's not the owners/estate agents fault that I relocated for work. I simply cannot afford their demands. And I cannot help but feel as if it is an attempt to extract as much money from me as they can.

PraxisPete

If they've advertised the new rent as raised by more than 4% make sure to report them.

athtrasna

Mod note

Withholding rent is illegal. Please do not suggest doing so on this forum

Pkiernan

Ms Doubtfire1 wrote: »

that would be within the first 6 month - at which point you are entitled to leave without any rights on the LL behalf to withhold any deposit or claim further rent - unless the term 'fixed' decides otherwise.Would contact threshold for advise.

Not true if a lease is in effect.

4ensic15

Baby01032012 wrote: »

2 wrongs don't make a right. They are within their rights as you signed a 12 month lease you are liable for the remainder of the lease. While landlord has obligation in relation to repairs it's like a broken washing machine, mould can be from the way the building was constructed, age, environment. Nothing landlord can do about these. If it went to court your arguement wouldn't have s chance as it would be seen as a reason made up to get out of your obligation. Reassign the lease. Agent/landlord will have to accept.

It can't go to court. RTB must decide all issues. They expect landlords to mitigate loss. If the o/p finds someone interested in taking the unit over from him he can ask for the lease to be assigned. If the landlord refuses the lease ends. the o/p will even get his deposit back.

athtrasna

Mod note

If you have an issue with another poster please take it to pm