Ending Tenancy

Pat201

Well when your threatened with rent increase or eviction within 28 days then you get the right people involved.

Think you have hit the nail on the head about reason landlord is doing this Dav010. The reason I'm not paying 500 euro more in rent is landlord was wrong. Probably why it's not wise to just throw accusations around the place

Pkiernan

Pat201 wrote: »

Well when your threatened with rent increase or eviction within 28 days then you get the right people involved.

Think you have hit the nail on the head about reason landlord is doing this Dav010. The reason I'm not paying 500 euro more in rent is landlord was wrong. Probably why it's not wise to just throw accusations around the place

If the landlord illegally ended your tenancy 3 months early he'd be suject to 10k fines.

You just get to waltz off owing money without consequences.
Classy.

Pat201

Landlord will not be out of pocket. I will offer to assign lease and will have no issue getting people but let's be honest I will not be picky as it's not my place. If landlord refuses that then that is their decision. With timeline I've given landlord could get the best people for their place.

Landlord has all the choices in this situation

The_Conductor

Pat201 wrote: »

Landlord will not be out of pocket. I will offer to assign lease and will have no issue getting people but let's be honest I will not be picky as it's not my place. If landlord refuses that then that is their decision. With timeline I've given landlord could get the best people for their place.

Landlord has all the choices in this situation

The only logical thing for a landlord to do in a situation like this- is to seek proper legal advice.

Note- you mention that the property is let to multiple people- in a situation like this- you are normally jointly and severally liable for the rent of the entire property- regardless of whether you've only been renting a room in the property. If all parties signed the same lease last August- this is the case (if you all signed different individual leases- its not). So- if you were assigning the lease to another party- you'd be assigning the lease for the entire property- and not just your interest in the joint lease- this would also involve the others who are renting the property- as they have a vested interest in the lease too.

The landlord is being wise getting proper advice- as it could get very messy- very very quickly. Just because it seems like a nice and neat and tidy arrangement for you- does not mean it stacks up if someone (for example one of your current housemates) were to challenge it.

The regulatory regime is a legal minefield- the landlord is being prudent in getting good advice.

Dav010

Pat201 wrote: »

Landlord will not be out of pocket. I will offer to assign lease and will have no issue getting people but let's be honest I will not be picky as it's not my place. If landlord refuses that then that is their decision. With timeline I've given landlord could get the best people for their place.

Landlord has all the choices in this situation

That is the thing to do, find people to rent apartment, give the notice to assign, then give correct notice that you are leaving.

Tenants are never picky about who they assign to, the point of doing it is to end a tenancy early, not to get the best possible tenants for the LL. He will probably refuse anyway so it won’t matter who you get.

Whether the LL is out of pocket or not really isn’t relevant if he is abiding by Tenamcy regulations. By the sounds of things the relationship soured 10 months ago when you guys (rightly) went to a solicitor, now it is his turn.

Pat201

I could be wrong and landlord will be sound about situation and allow us all to leave in June. I will update thread when I know

The_Conductor

What happens if your house isn't ready on time- or if one of your housemates decides to overhold?
Are you in a position to pay for the entire property for the duration?

Pat201

House will be ready as it's nearly done now. Painting done last week. Housemates are extended family and will move with me so no fear of overhold

JustAThought

Pat201 wrote: »

House will be ready as it's nearly done now. Painting done last week. Housemates are extended family and will move with me so no fear of overhold

Self entitlement & suiting oneself despite a contract in place - its no wonder landlords are asking for 3 months rent deposit in advance.

The_Conductor

Pat201 wrote: »

House will be ready as it's nearly done now. Painting done last week. Housemates are extended family and will move with me so no fear of overhold

I smiled when I read this.
If I had a pound for the number of people who have expressed similar sentiments- I'd be a rich person.
Houses being ready on time- are the exception, not the norm.
Even your extended family could decide that they don't want to move (for whatever reason)- you have to look at the bigger picture and ignore the rose tinted glasses.

I've a manager whose house snagging has taken 3+ months- its not unheard of.

Chase your builders and make sure your ducks are lined up properly on your end- thereafter- the landlord is just protecting himself- let him/her get their advice- and try to find a common ground, cognisant of the mess of legislation that governs the sector............

RossieMan

Pat201 wrote:

I could be wrong and landlord will be sound about situation and allow us all to leave in June. I will update thread when I know

It's crazy how you seem so self entitled to this early release when you've absolutely no entitlement to it whatsoever.

The landlord is sound if if they make you see out your contract. You're the one trying to bend the rules to suit you.

This is your typical case of people not giving you the answer you want, and you choosing to ignore those answers because they aren't what you want to hear.

Serious problems in this country which is damaging every tenants ability to rent fairly when it's only a handful who try to be sneaky and deceptive for their own benefit.

Pat201

That's your opinion, your welcome to it.

Shefwedfan

Pat201 wrote: »

I am not arguing the point of legality of contract. I am arguing on point of common Sense. Landlord holding me to this contract is only putting me under financial burden and for what benefit? I am saying we have 2.5 months now to get new tenants. This is a place in Dublin and anyone who is renting know that a good place can be off market in a few days. It's a landlords market with lack of rental supply.

Did you make the builder aware you are currently in a contract and could not take over the house for another few months?

Old diesel

Pat201 wrote: »

Hey Treviso
Ya its a weird situation as when i told landlord in mid march they said that was okay as i had given enough notice for us all in house. I even offered to get people for her (professional people from my company) but it was declined as they wanted a family as its easier with leases.

Then Last week when i tried to confirm end date based on 84 days notice ( still mid june as i originally said) i started getting replies back about our lease is until end August and need to check with solicitor.

I signed new lease in August 2018 after new person moved in end May.

Not sure if anyone picked up on the fact that Pat offered in March to find new people for the house.

But Landlord declined the offer.

dennyk

Old diesel wrote: »

Not sure if anyone picked up on the fact that Pat offered in March to find new people for the house.

But Landlord declined the offer.

Hmm, that sounds like an offer of assignment and an unreasonable refusal (as "I prefer a family because it's easier" is not a reasonable reason to refuse assignment, and would technically be illegal discrimination besides). If OP has that exchange in writing, he'd have a good case to serve notice immediately, I'd think.

irelandrover

Honestly I think the landlord is right to do everything by the book. You've already shown that you'll go legal as you got the prtb involved earlier. You can't really complain when the landlord gets legal advice when you want to break a contract.

Old diesel

dennyk wrote: »

Old diesel wrote: »

Not sure if anyone picked up on the fact that Pat offered in March to find new people for the house.

But Landlord declined the offer.

Hmm, that sounds like an offer of assignment and an unreasonable refusal (as "I prefer a family because it's easier" is not a reasonable reason to refuse assignment, and would technically be illegal discrimination besides). If OP has that exchange in writing, he'd have a good case to serve notice immediately, I'd think.

I thought the same on reassignment hence my post.

The problem is proving it.

Lesson for anyone else in similar situation in future - make that offer in writing.

Using proper terminology - ie reassignment of lease.

Legally you might be tied into a contract to August but paying rent on a house you've returned the keys off to Landlord and thus have no access to is very frustrating.

I dont really see postponing the house purchase as a solution either. A builder can easily resell that house to someone who can move fast.

Pat201

Nothing official raised against landlord in prtb. Case was pulled when landlord admitted they were wrong. This was after we supplied a rental letter for the girlfriend of one of housemates showing she lived elsewhere.

@ irelandrover
How would you have dealt with 28 day eviction or 500 euro rent increase ?

@dennyk
It was sent to me via WhatsApp

irelandrover

Pat201 wrote: »

@ irelandrover
How would you have dealt with 28 day eviction or 500 euro rent increase ?

The same way. But you can't be surprised when the landlord takes legal advice when dealing with you now.

Shefwedfan

Old diesel wrote: »

Not sure if anyone picked up on the fact that Pat offered in March to find new people for the house.

But Landlord declined the offer.

That’s a useless offer. Tenant wants out and could stick in the first person willing to take the house, then landlord is left with trying to deal with the person who has taken over the house....person could be a nightmare but it’s the landlords issue then

The_Conductor

Shefwedfan wrote: »

That’s a useless offer. Tenant wants out and could stick in the first person willing to take the house, then landlord is left with trying to deal with the person who has taken over the house....person could be a nightmare but it’s the landlords issue then

It is useless- but its the law.
The law is written to safeguard the tenant at every possible juncture- and pays lipservice to protecting the landlord- but in such a manner that its impossible for a landlord to ever enforce their rights (including judgements in a landlord's favour)- against a tenant.

The system is setup to protect tenants- the OP's landlord is doing the wisest possible thing- and getting proper legal advice as to what their best course of action is.

Fol20

In terms of reassignment if a tenant gets in lets say a couple(single person only), both dont work, have known links to criminal gangs, have a talk to the ll while injecting themself with god knows what and the ll declines the reassignment. Is the current tenant entitled to their money back or do they need to wait until a decent tenant is accepted. Extreme example i know but always wondered as i have never had a dispute in relation to this.

Treviso

If the Landlord doesn't trust the tenant to get a decent replacement, then they should source the person themselves

Shefwedfan

Treviso wrote: »

If the Landlord doesn't trust the tenant to get a decent replacement, then they should source the person themselves

Yes they can.....At the end of the lease that the tenant signed....


The fact Pat offered seemed like a huge plus to the Landlord.It isn't, it is a useless offer.

Treviso

I hate linking Threshold but here is what it says about re-assigning a lease

https://www.threshold.ie/advice/ending-a-tenancy/getting-someone-to-replace-you/

As a tenant, you cannot assign or sub-let without the landlord's written consent. Furthermore you cannot assign or sub-let part of a dwelling so if a group of tenants are sharing only the whole tenancy can be assigned/sub-let. if your request to assign or sublet the whole tenancy is refused you can give the relevant notice of termination in writing.

- If you have a lease and wish to assign or sub-let the whole tenancy, write to your landlord and request permission. Use the template letter in the Useful Downloads section on this page.
- If your landlord agrees to your request, then you will have to find a new tenant or sub-tenant
- If your landlord refuses, you can terminate the tenancy by issuing a written notice of termination

Pat201

So Thought id give an update on this Thread.
I did manage to move into my new house on date i predicted. Landlord did eventually let me leave the lease but it was hardwork.
I had to send an official letter to her with official notice even though we had agreed it was okay on whatsapp, On receipt of the letter the landlord questioned the date of notification as i put down date she agreed to on whatsapp.

Anyway i think her plan was to be very difficult but i informed her that as rest of people on lease had been there for less time that there notice was a lot shorter and if she wanted to be hard with it they could leave much earlier than 84 days notice i was giving.

House was tidied up and she had had 3 separate days for viewings so when we left on 12th June she would have people ready on 13th June to move in. On Final inspection it was found that one of the Ensuite sinks had a crack in it, It was high up on sink and not leaking but had to be replaced according to landlord. That was fair enough i thought as it was damaged but i did not see it until last inspection.

Landlord Has taken 700 euro from deposit for replacing sand fitting new sink.

Interestingly enough though is that landlord has rented place out for 2500 a month and we were paying 1560 a month. House is in a RPZ

Situation im in now is do i just ride off into sunset and forget about the bad relationship i had with landlord or report this person for being greedy in the current market ( the law is there is for a reason).

I kinda feel that landlord was a pain to deal with as she made 500 euro off a person leaving house without giving official notice period even though i had a person in to replace him so no money was lost in rent. I also had issue with her trying to jump rent last year and threatening to evict us if we did not accept. The 700 euro for replacing a sink seems excessive too but i do accept that it had a crack in it .


Any Advice ? Am i being petty ?

P2C

What goes around comes around. I would report her most definitely

Shefwedfan

Pat201 wrote: »

So Thought id give an update on this Thread.
I did manage to move into my new house on date i predicted. Landlord did eventually let me leave the lease but it was hardwork.
I had to send an official letter to her with official notice even though we had agreed it was okay on whatsapp, On receipt of the letter the landlord questioned the date of notification as i put down date she agreed to on whatsapp.

Anyway i think her plan was to be very difficult but i informed her that as rest of people on lease had been there for less time that there notice was a lot shorter and if she wanted to be hard with it they could leave much earlier than 84 days notice i was giving.

House was tidied up and she had had 3 separate days for viewings so when we left on 12th June she would have people ready on 13th June to move in. On Final inspection it was found that one of the Ensuite sinks had a crack in it, It was high up on sink and not leaking but had to be replaced according to landlord. That was fair enough i thought as it was damaged but i did not see it until last inspection.

Landlord Has taken 700 euro from deposit for replacing sand fitting new sink.

Interestingly enough though is that landlord has rented place out for 2500 a month and we were paying 1560 a month. House is in a RPZ

Situation im in now is do i just ride off into sunset and forget about the bad relationship i had with landlord or report this person for being greedy in the current market ( the law is there is for a reason).

I kinda feel that landlord was a pain to deal with as she made 500 euro off a person leaving house without giving official notice period even though i had a person in to replace him so no money was lost in rent. I also had issue with her trying to jump rent last year and threatening to evict us if we did not accept. The 700 euro for replacing a sink seems excessive too but i do accept that it had a crack in it .


Any Advice ? Am i being petty ?

What answers are you expecting?

A landlord who was good to you for 4 years, you broke lease but she let you move out, only charged you for something you agreed you broke....

Stop me now if I got any of above wrong?

So what exactly is your problem?

Pat201

I dont know if i would say landlord was good to us. We paid rent on time and other than occasional gas boiler check there was no need for repairs. House was spotless on leaving other than crack in sink as i said.

I followed correct way to leave lease by giving notice and offering to reassign lease, relationship turned sour a year earlier when landlord tried to jump rent to 2500. If you look back at my previous posts you will see landlord made it as difficult as possible to leave but it was within her rights as a landlord. Those same rules apply to rent increases i would say and she is well aware of all other laws with regards to renting.

My Point is should i just put this down as a lesson learned and let landlord leave ahead with 500 rent from another person( She was entitled technically to this as left without proper notice ) and 700 from me due to crack ( Seems excessive but not disputing crack).

If She is entitled to above surely she cannot just decide to forget about RPZ rules and squeeze every last penny out of next people in house . It will not affect me as i have my house now but feels like landlord would win in this case otherwise.

Mrs OBumble

P2C wrote: »

What goes around comes around. I would report her most definitely

What goes around comes around. I would not report her for just that reason.