Leaving a fixed term tenancy agreement early

leimmxvii

Hi there,
Apologies in advance if this query comes across as obvious. I just want to clarify my situation and seek any advise.
I am a student renting a house with 3 other students. Due to the coronavirus, college has ended and we have all returned to our homes and will not be returning to live in our rented house.
Our lease is up in June and naturally enough we would prefer not to be paying for a house we don't live in anymore.
However, the letting agent has stated that because we signed a fixed term tenancy agreement we are not at liberty to issue notice of termination or finalise the agreement prior to the termination date where (we) have agreed to pay the full rent for the full agreement.
Am I right in saying that if we refuse to pay the rent and depart the accommodation, the letting agent (since they represent the home owner) would probably be forced to issue court proceedings against us to recover the money?
And btw, none of us have valid excuses for not being able to pay the rent, even given the circumstances with virus etc.
Thanks for reading.

dennyk

You can ask the landlord permission to assign or sublet the tenancy (assignment would be preferable if you have no plans to return), but you must find the new tenant (or tenants) yourself. If the landlord refuses permission, you can then break your lease, but you'll have to give the landlord the statutory notice, and you'd be responsible for paying the rent through the notice period even if you move out earlier, unless the landlord re-lets the property before then. If you've been there more than six months and less than a year, that notice period would be be 35 days.

TheSheriff

I highly doubt a letting agent would bring court proceedings to recoup the cost of ~3 months rent.

You would likely forfeit your deposit.

handlemaster

leimmxvii wrote: »

Hi there,
Apologies in advance if this query comes across as obvious. I just want to clarify my situation and seek any advise.
I am a student renting a house with 3 other students. Due to the coronavirus, college has ended and we have all returned to our homes and will not be returning to live in our rented house.
Our lease is up in June and naturally enough we would prefer not to be paying for a house we don't live in anymore.
However, the letting agent has stated that because we signed a fixed term tenancy agreement we are not at liberty to issue notice of termination or finalise the agreement prior to the termination date where (we) have agreed to pay the full rent for the full agreement.
Am I right in saying that if we refuse to pay the rent and depart the accommodation, the letting agent (since they represent the home owner) would probably be forced to issue court proceedings against us to recover the money?
And btw, none of us have valid excuses for not being able to pay the rent, even given the circumstances with virus etc.
Thanks for reading.

The coronavirus is just your excuse at the moment. What was your plan before ?

Brian201888

handlemaster wrote: »

The coronavirus is just your excuse at the moment. What was your plan before ?

To leave in June when their lease was up obviously?

handlemaster

Brian201888 wrote: »

To leave in June when their lease was up obviously?

True that. Read th OP wrong. Interesting to see how this works out

Edgware

This is only the beginning. Landlords will just have to suck it up especially with students.
No one is going to have any sympathy for them.

Claw Hammer

TheSheriff wrote: »

I highly doubt a letting agent would bring court proceedings to recoup the cost of ~3 months rent.

You would likely forfeit your deposit.

It can't go to Court. It has to go to the RTB. Only after the RTB make a determination can it go to court.

Assetbacked

leimmxvii wrote: »

Hi there,
Apologies in advance if this query comes across as obvious. I just want to clarify my situation and seek any advise.
I am a student renting a house with 3 other students. Due to the coronavirus, college has ended and we have all returned to our homes and will not be returning to live in our rented house.
Our lease is up in June and naturally enough we would prefer not to be paying for a house we don't live in anymore.
However, the letting agent has stated that because we signed a fixed term tenancy agreement we are not at liberty to issue notice of termination or finalise the agreement prior to the termination date where (we) have agreed to pay the full rent for the full agreement.
Am I right in saying that if we refuse to pay the rent and depart the accommodation, the letting agent (since they represent the home owner) would probably be forced to issue court proceedings against us to recover the money?
And btw, none of us have valid excuses for not being able to pay the rent, even given the circumstances with virus etc.
Thanks for reading.

First step, try to agree something with landlord. Letting agent is not the landlord, tell them you want them to tell the landlord your situation and that if you cannot just leave, you want to request permission to assign the remainder of your tenancy.

Probably the landlord will come back and ask for details of the person(s) to whom you wish to assign, given in the current market it is not easy to get new tenants. This will be difficult for you I'd imagine.

As such, considering you only have three months left, I would simply tell them you are leaving, clean the place, say in writing you can do an inspection and forfeit the deposit, which only leaves the landlord with two months of the lease left.

The process to try to get the two months rent is long and difficult, with a very uncertain outcome for the landlord as normally the issues are tenants not leaving or tenants owing arrears (neither of which apply here). They would need to show that the property was vacant for the whole two months and would need to show that they tried to get new tenants but were unable to get them. If it ever got to the RTB, you would have a good case to argue how reasonable you acted, how the place was surrendered in a good condition. In any event, worse case scenario you end up, in 12/18 months, having to pay maximum two months rent.

MacDanger

leimmxvii wrote: »

Hi there,
Apologies in advance if this query comes across as obvious. I just want to clarify my situation and seek any advise.
I am a student renting a house with 3 other students. Due to the coronavirus, college has ended and we have all returned to our homes and will not be returning to live in our rented house.
Our lease is up in June and naturally enough we would prefer not to be paying for a house we don't live in anymore.
However, the letting agent has stated that because we signed a fixed term tenancy agreement we are not at liberty to issue notice of termination or finalise the agreement prior to the termination date where (we) have agreed to pay the full rent for the full agreement.
Am I right in saying that if we refuse to pay the rent and depart the accommodation, the letting agent (since they represent the home owner) would probably be forced to issue court proceedings against us to recover the money?
And btw, none of us have valid excuses for not being able to pay the rent, even given the circumstances with virus etc.
Thanks for reading.

First thing you need to do is request to reassign the lease using the template here:

https://onestopshop.rtb.ie/images/uploads/Disputes/Sample%20Notice%20of%20Termination%20-%20Tenant%20-%20Assignment%20or%20Sublet.docx

Claw Hammer

MacDanger wrote: »

First thing you need to do is request to reassign the lease using the template here:

https://onestopshop.rtb.ie/images/uploads/Disputes/Sample%20Notice%20of%20Termination%20-%20Tenant%20-%20Assignment%20or%20Sublet.docx

First off, you need to find someone who was willing to take over the balance of the lease. Only then can you ask to assign the lease. If the landlord refuses to accept the assignment you have to give notice. A fat lot of good that is going to do.

MacDanger

MacDanger wrote: »

First thing you need to do is request to reassign the lease using the template here:

https://onestopshop.rtb.ie/images/uploads/Disputes/Sample%20Notice%20of%20Termination%20-%20Tenant%20-%20Assignment%20or%20Sublet.docx

Apologies, first off request to reassign the lease (note that the LL doesn't have the right to vet who you reassign the lease to so you could basically get anyone - chances are the thought of you moving in some randomer will be sufficient to get him to reject your request to reassign) and if he refuses, send the linked letter.

Claw Hammer

MacDanger wrote: »

Apologies, first off request to reassign the lease (note that the LL doesn't have the right to vet who you reassign the lease to so you could basically get anyone - chances are the thought of you moving in some randomer will be sufficient to get him to reject your request to reassign) and if he refuses, send the linked letter.

You don't reassign a lease you assign the lease. Furthermore when the assignment is refused, the tenant has to give the standard notice period applicable. That means he has to pay the rent under that notice period expires.

MacDanger

Claw Hammer wrote: »

You don't reassign a lease you assign the lease. Furthermore when the assignment is refused, the tenant has to give the standard notice period applicable. That means he has to pay the rent under that notice period expires.

I know, that's detailed in the link I posted. Do you have a point? Or any help/advice to offer the OP?

Edgware

Edgware wrote: »

This is only the beginning. Landlords will just have to suck it up especially with students.

Why?

Edgware wrote: »

No one is going to have any sympathy for them.

Probable not but a lot are small businesses that will likely close / sell / end in debt as a result and that can effect their actual families. Not all are billion dollar vulture funds.

How will less rental properly improve the market? It won't. It will drive up price in reality. So glad I got out of the rental game. It's not nearly the easy money maker people seem to think.

TheBoyConor

lol.
Think about that. A landlord or letting agent taking legal proceedings against students, probably with no employment or means, for unpaid rent.

I can't see it happening.

I would just walk. Legally you are on the hook for the rent unless you can find a new tenant, which you might not in this climate.

Claw Hammer

TheBoyConor wrote: »

lol.
Think about that. A landlord or letting agent taking legal proceedings against students, probably with no employment or means, for unpaid rent.

I can't see it happening.

I would just walk. Legally you are on the hook for the rent unless you can find a new tenant, which you might not in this climate.

Some landlords are thick enough to do it.

TheBoyConor

And their solicitors are probably giving them very poor advice if they are saying "yeah, take a court case against a trio of students working minimally paid casual summer jobs at the most or possibly unemployed and claim for legal costs as well".

Anyone with a level head would just think, yeah, burnt by a few students doing a runner, in the student accomodation game you win some you loose some.

Claw Hammer

TheBoyConor wrote: »

And their solicitors are probably giving them very poor advice if they are saying "yeah, take a court case against a trio of students working minimally paid casual summer jobs at the most or possibly unemployed and claim for legal costs as well".

Anyone with a level head would just think, yeah, burnt by a few students doing a runner, in the student accomodation game you win some you loose some.

Some might think, register a judgement, put it in Stubbs Gazette and see if it affects the students in some way. Some colleges regard it as misconduct and will not allow a degree to be awarded when someone owes money. I know a businessman who contacted the proctor of a university over unpaid bills. The degrees were withheld until the money was paid

TheBoyConor

TheBoyConor wrote: »

lol.
Think about that. A landlord or letting agent taking legal proceedings against students, probably with no employment or means, for unpaid rent.

I can't see it happening.

I would just walk. Legally you are on the hook for the rent unless you can find a new tenant, which you might not in this climate.

You realise the judgement can't be just willy nilly ignored right? And presumable the student is studying to get a paying job in the future? It's not an expensive event, time consuming but not expensive and doesn't require a solicitor unless your going to the high court.

Judgement stands against you, hangs over you and finally the sheriff calls. You can't just hide behind the couch for a few weeks. These things last year's

TheBoyConor

For the amount of money likely involved, getting solicitors and sherrifs involved, will leave very little if anything for the landlord.

And a sherrif is going to go after the bigger culprits where more money and value can be recovered. A student who might or might not be able to be found, might have no job and no assets to confiscate, is not going to be a priority for a sheriff. If the students lives in the parents home, then any valuable possessions will just be claimed as belonging to the parents or siblings and not to the sutdent in question.

I would be surprised if sherriffs ever became involved in petty disputes over rent with students.

Going after a penniless student for the sake of a few hundred euros isn't a wise move. Pick you battles.

Claw Hammer

TheBoyConor wrote: »

For the amount of money likely involved, getting solicitors and sherrifs involved, will leave very little if anything for the landlord.

And a sherrif is going to go after the bigger culprits where more money and value can be recovered. A student who might or might not be able to be found, might have no job and no assets to confiscate, is not going to be a priority for a sheriff. If the students lives in the parents home, then any valuable possessions will just be claimed as belonging to the parents or siblings and not to the sutdent in question.

I would be surprised if sherriffs ever became involved in petty disputes over rent with students.

Going after a penniless student for the sake of a few hundred euros isn't a wise move. Pick you battles.

Three months rent will not be a few hundred euros. An RTB case for €25 and a District Court Originating Motion and affidavit about €40. Application to Stubbs another few euro. Some pissed off landlords will do it. If there is a letting agent, they will have details of the college the students attend and photo id on file.
Pick your battles.

TheBoyConor

If i were the OP, I'd take a chance on it. If it started to look like it was going to go to court, I'd offer to do a deal.

Landlord would have to show that they did all they could to minimise their loss, ie get new tenants in.

In this current housing climate, they would find it very difficult to show that they could not get a new tennant. People are climbing over eachother to rent houses. You could have a new tenant contracted in a day if you wanted.

Edgware

MacDanger wrote: »

Apologies, first off request to reassign the lease (note that the LL doesn't have the right to vet who you reassign the lease to so you could basically get anyone - chances are the thought of you moving in some randomer will be sufficient to get him to reject your request to reassign) and if he refuses, send the linked letter.

Just shows how useless the law is and the regard in which the landlord providing the accommodation is held. He has to allow any scumbag into his property or otherwise the tenant can just piss and not pay the balance of the lease.

TheBoyConor

TheBoyConor wrote: »

For the amount of money likely involved, getting solicitors and sherrifs involved, will leave very little if anything for the landlord.

And a sherrif is going to go after the bigger culprits where more money and value can be recovered. A student who might or might not be able to be found, might have no job and no assets to confiscate, is not going to be a priority for a sheriff. If the students lives in the parents home, then any valuable possessions will just be claimed as belonging to the parents or siblings and not to the sutdent in question.

I would be surprised if sherriffs ever became involved in petty disputes over rent with students.

Going after a penniless student for the sake of a few hundred euros isn't a wise move. Pick you battles.

The sheriff goes after all person's that have outstanding debts and papers to seize. Bigger and better get caught and the sheriff is no fool, he won't just take any old excuse.

In addition, as I said already, they can wait until there are assets to seize, these things don't just go away.

Fyi, a few months rent in Dublin is probable a couple of Grand, not hundred and the cost of recouping the debt about 200 more or less and a few hours on paperwork. The system is not designed to stop people using it but it's actually pretty straight forward. You don't need a solicitor

handlemaster

The tenants want to finish early. Is this not a case if the students not wanting to pay and not having the money to pay !! Where have all the honest tenants gone ! When a contract is a contract and is honoured by both sides.

Landlords dealing with students should have first month last month and one month deposit plus guarantor for the lease.

TheBoyConor

I'd say do a deal with the landlord.

The_Conductor

Note: it is my understanding that the notice periods have been temporarily changed to a minimum of 90 days for all landlords and tenants (to be reviewed after a declaration that the pandemic has ceased). Its an evolving situation.

Claw Hammer

The_Conductor wrote: »

Note: it is my understanding that the notice periods have been temporarily changed to a minimum of 90 days for all landlords and tenants (to be reviewed after a declaration that the pandemic has ceased). Its an evolving situation.

There is no mention in the new legislation of any 90 day period. What it says is that there is an emergency period of 3 months from the passing of the legislation during which any notice by a landlord will not have effect and 3 months will be added to the termination date. There is no mention of any restrictions on tenants giving notice.

handlemaster

Is this legislation to do only with tenants that have had a salary reduction due to the coronavirus and therefore will not apply to welfare tenants

The_Conductor

handlemaster wrote: »

Is this legislation to do only with tenants that have had a salary reduction due to the coronavirus and therefore will not apply to welfare tenants

Its my understanding that its across the board- it doesn't differentiate between different classes of tenants.