Giving early notice on lease (obligations/costs)

Habata

Hi, I've a one year lease and I'm giving notice early to my landlord that I need to move.

I'm doing my best to find an alternative tenant.

Is the landlord entitled to withhold my deposit, or charge additional fees due to me ending my lease early?

Dav010

Habata wrote: »

Hi, I've a one year lease and I'm giving notice early to my landlord that I need to move.

I'm doing my best to find an alternative tenant.

Is the landlord entitled to withhold my deposit, or charge additional fees due to me ending my lease early?

If you can’t assign the lease, you are responsible for payment of rent up until the end of the lease. The LL is supposed to mitigate loss by renting as quickly as possible, but in the current climate that may be difficult. Yes, your deposit can’t be retained to cover rent you owe, and technically the LL can follow you for payment of rent up to the end of the lease, but that is unlikely.

Habata

The landlord was talking about the costs of getting a new tenent, am I liable for that?

Pkiernan

Habata wrote: »

The landlord was talking about the costs of getting a new tenent, am I liable for that?

Yes.

dennyk

Per the RTB, the landlord can withhold money from your deposit to cover any costs associated with your breaking a fixed term lease early (or leaving a periodic tenancy with less than the statutory notice period). That includes all rent owed until the property is re-let to a new tenant or the lease period ends (whichever comes first) as well as the costs to re-list and re-let the property. You can avoid that by finding a new tenant yourself and asking the landlord for permission to assign the lease to them; either they will agree and you can be out that way, or they'll refuse and you can then end your tenancy by giving the required notice without having your deposit withheld for that reason (though it could still be withheld for other allowable reasons such as rent arrears or damage to the property beyond ordinary wear and tear).

Assetbacked

Ask for permission to assign the tenancy (no strict format) as opposed to sub-letting, give the details of the proposed tenant to the landlord. If they refuse, give formal notice to terminate (minimum 28 days). Then when this period lapses it is a legitimately ended tenancy so no expectation that you don't get the full deposit back unless there is damage or excess wear and tear. I would dispute relisting costs in this context.

Dav010

Assetbacked wrote: »

Ask for permission to assign the tenancy (no strict format) as opposed to sub-letting, give the details of the proposed tenant to the landlord. If they refuse, give formal notice to terminate (minimum 28 days). Then when this period lapses it is a legitimately ended tenancy so no expectation that you don't get the full deposit back unless there is damage or excess wear and tear. I would dispute relisting costs in this context.

Given the current market conditions, a LL might be quite happy to allow assignment, op can’t find one though.

Habata

What constitutes formal notice? I gave notice over the phone. I'm a bit worried that that's not concrete

wandererz

Habata wrote: »

What constitutes formal notice? I gave notice over the phone. I'm a bit worried that that's not concrete

If you did not record the phone conversation then you probably don't have a leg to stand on.

Follow it up with a written notice (formal letter) and refer to the details discussed in the call if necessary. If you are going to refer to the call then also reference the date time & duration of the call. This should be available in your call log on your phone.

Take a screenshot of it including the number, date, time & duration. Save this to Gmail or Google Drive or similar online storage.
This can be referenced back to your mobile phone bill call details if the call details are overwritten on the phone after a period of time

Sad, but true.

Dav010

Habata wrote: »

What constitutes formal notice? I gave notice over the phone. I'm a bit worried that that's not concrete

Notice must be in writing to be valid, a phone call/text/email, even if you can produce a recording/copy is not valid should a dispute arise. Unfortunately if you plan not to pay rent up to the end of your lease, or you argue about the deposit and this goes to the RTB, lack of valid notice on your behalf will be very much in the LLs favour.

Habata

Assetbacked wrote: »

Ask for permission to assign the tenancy (no strict format) as opposed to sub-letting, give the details of the proposed tenant to the landlord. If they refuse, give formal notice to terminate (minimum 28 days). Then when this period lapses it is a legitimately ended tenancy so no expectation that you don't get the full deposit back unless there is damage or excess wear and tear. I would dispute relisting costs in this context.

Ok thanks. Landlord isn't making any moves towards renting it to someone else, and is insisting that I'm liable for next month, and have to forfeit the deposit.

Perhaps I should try and assign the tenancy

wandererz

Habata wrote: »

Ok thanks. Landlord isn't making any moves towards renting it to someone else, and is insisting that I'm liable for next month, and have to forfeit the deposit.

Perhaps I should try and assign the tenancy

How much time is left on the lease?

0xzmro3n4y7lb5

Habata wrote: »

Hi, I've a one year lease and I'm giving notice early to my landlord that I need to move.

I'm doing my best to find an alternative tenant.

Is the landlord entitled to withhold my deposit, or charge additional fees due to me ending my lease early?

If the landlord wants to hold you to the 12 months all you have to do is request to sublet or assign the lease and when they refuse that essentially nullifies the contract and you just give your notice.

For tenants a fixed term tenancy can be ended if:
the landlord has refused to allow you to sublet the tenancy. In this case, you must give notice depending on how long you have lived in the property.
If the landlord has refused a request by you for assignment of the lease.


https://www.rtb.ie/end...a-fixed-term-tenancy

Your notice period is 35 days

https://www.rtb.ie/end...landlord-should-give

0xzmro3n4y7lb5

Habata wrote: »

The landlord was talking about the costs of getting a new tenent, am I liable for that?

No you are not liable for the costs of finding a tenant as you are allowed by law to find the tenant if the landlord refuses you just have to give your notice.

dennyk

Aiyana Shy Square wrote: »

No you are not liable for the costs of finding a tenant as you are allowed by law to find the tenant if the landlord refuses you just have to give your notice.

If you just up and leave without being refused permission to assign or sublet to a specific tenant/subletter, the landlord can retain part or all of the deposit to cover all associated costs, including things like listing costs and unpaid rent for whatever time the property is vacant while still within your original lease term.

If you do get refused permission to assign/sublet and give your own notice on those grounds with the required statutory notice period (and pay rent through the entire notice period), then no, the landlord can't withhold your deposit to cover costs associated with re-letting the place, even if you're leaving before your fixed term was set to expire. (If you fail to give the statutory notice period, though, then the landlord could withhold re-letting costs at that point on that basis...)

0xzmro3n4y7lb5

dennyk wrote: »

If you just up and leave without being refused permission to assign or sublet to a specific tenant/subletter, the landlord can retain part or all of the deposit to cover all associated costs, including things like listing costs and unpaid rent for whatever time the property is vacant while still within your original lease term.

If you do get refused permission to assign/sublet and give your own notice on those grounds with the required statutory notice period (and pay rent through the entire notice period), then no, the landlord can't withhold your deposit to cover costs associated with re-letting the place, even if you're leaving before your fixed term was set to expire. (If you fail to give the statutory notice period, though, then the landlord could withhold re-letting costs at that point on that basis...)

I'll repeat there is nothing in the legislation for costs associated with finding a new tenant eg listing an advert etc.

You are liable for the rent until the end of the fixed term lease unless you request and are refused to sublet/assign.

Can you point to the RTA for withholding a deposit for what you call reletting costs?

http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec16

(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

(i) the payment of rent and the amount of rent that is in arrears is equal to or greater than the amount of the deposit, or

(ii) compliance with section 16 (f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16 (f) is equal to or greater than the amount of the deposit,

(b) where, at the date of the request for return or repayment, there is a default in the payment of rent or compliance with section 16 (f) and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent that is in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).

dennyk

Don't know what specific part of the law allows it, but the RTB list it as one of the reasons for withholding a deposit:

By law, a deposit is considered to belong to the tenant but the landlord can establish a right to keep the deposit in the following certain circumstances:

...

If a tenant provides insufficient notice of their termination of the tenancy, or they terminate a fixed term tenancy before the end of the agreed term.

Even Threshold appear to agree with the RTB on that, so presumably it's legit:

If you break a lease without having reasonable grounds to do so or do not give the correct notice of termination, you do not automatically lose your deposit however your landlord may seek to make deductions from or keep your deposit to cover expenses such as re-advertising, re-letting costs or lost rent.

0xzmro3n4y7lb5

dennyk wrote: »

Don't know what specific part of the law allows it, but the RTB list it as one of the reasons for withholding a deposit:



Even Threshold appear to agree with the RTB on that, so presumably it's legit:

It’s not in the legislation, don’t take advice from Threshold and the RTB don’t give advice.

davindub

Aiyana Shy Square wrote: »

It’s not in the legislation, don’t take advice from Threshold and the RTB don’t give advice.

S78 M.

0xzmro3n4y7lb5

davindub wrote: »

S78 M.

Damages don’t cover the cost of re-letting, advertising.

tuisginideach

What if the OP says he knows Joe Bloggs wants to take over tenancy but the same Joe has no proven source of income, no reference from a previous landlord and no deposit? If LL isn’t happy to have lease assigned to this particular Joe Bloggs, is the OP off the hook????

Dav010

tuisginideach wrote: »

What if the OP says he knows Joe Bloggs wants to take over tenancy but the same Joe has no proven source of income, no reference from a previous landlord and no deposit? If LL isn’t happy to have lease assigned to this particular Joe Bloggs, is the OP off the hook????

As long as Joe hands over the deposit and rent, the LL might well accept him. It seems that demand is not as high at the moment and there is supply, so the LL might be prepared to take a chance.

0xzmro3n4y7lb5

tuisginideach wrote: »

What if the OP says he knows Joe Bloggs wants to take over tenancy but the same Joe has no proven source of income, no reference from a previous landlord and no deposit? If LL isn’t happy to have lease assigned to this particular Joe Bloggs, is the OP off the hook????

Yes, the landlord can not discriminate neither can the tenant the landlord is forcing to sub-let.

davindub

Aiyana Shy Square wrote: »

Damages don’t cover the cost of re-letting, advertising.

I think you might be misunderstanding what "damages" are....

Think about it, "damages" for breach of contract, etc...

0xzmro3n4y7lb5

davindub wrote: »

I think you might be misunderstanding what "damages" are....

Think about it, "damages" for breach of contract, etc...

A landlord has never been awarded damages for advertising costs related to reletting because it doesn't happen. The landlord either accepts the tenants request or denies it, terminating the contract.

Find me a determination report with an award of damages for reletting costs.

Posters on this board love threatening 'reletting costs' but in reality it isn't a thing.

davindub

Aiyana Shy Square wrote: »

A landlord has never been awarded damages for advertising costs related to reletting because it doesn't happen. The landlord either accepts the tenants request or denies it, terminating the contract.

Find me a determination report with an award of damages for reletting costs.

Posters on this board love threatening 'reletting costs' but in reality it isn't a thing.

Anyway, you asked for legislative proof which you now have. The landlord can indeed recover actual damages from the tenant.

You research your own determination reports!

0xzmro3n4y7lb5

davindub wrote: »

Anyway, you asked for legislative proof which you now have. The landlord can indeed recover actual damages from the tenant.

You research your own determination reports!

So an unsubstantiated threat.

All hot air as usual here from a certain cohort.

It's a real disservice to the sector that the most vocal are the ones with the least knowledge.

0xzmro3n4y7lb5

Breach of fixed term lease precedent:

The Tribunal was satisfied on the basis of the evidence before it the Respondent Landlord is not entitled to any sum in respect of rent arrears. The Tribunal finds that the Appellant Tenant left the property on 28 November 2018 without any giving any notice to the Respondent Landlord. This does not automatically give rise to an award in the Respondent Landlord’s favour.

The Tribunal are also not satisfied to award the Respondent Landlord any sum for arrears between the date the Appellant Tenants left the dwelling on 28 November 2018 and the date the dwelling was re-let in February 2019. Accordingly, the Tribunal is satisfied on the balance of probabilities that the Respondent Landlord has not established a loss of rent arising from the Appellant Tenants vacating the dwelling without notice on 28 November 2018.

https://www.rtb.ie/downloads/tribunal-report/TR0519-003754_Report.pdf

Dav010

Aiyana Shy Square wrote: »

Breach of fixed term lease precedent:

The Tribunal was satisfied on the basis of the evidence before it the Respondent Landlord is not entitled to any sum in respect of rent arrears. The Tribunal finds that the Appellant Tenant left the property on 28 November 2018 without any giving any notice to the Respondent Landlord. This does not automatically give rise to an award in the Respondent Landlord’s favour.

The Tribunal are also not satisfied to award the Respondent Landlord any sum for arrears between the date the Appellant Tenants left the dwelling on 28 November 2018 and the date the dwelling was re-let in February 2019. Accordingly, the Tribunal is satisfied on the balance of probabilities that the Respondent Landlord has not established a loss of rent arising from the Appellant Tenants vacating the dwelling without notice on 28 November 2018.

https://www.rtb.ie/downloads/tribunal-report/TR0519-003754_Report.pdf

Does this case relate to a fixed term tenancy and tenant leaving early?

0xzmro3n4y7lb5

Breach of fixed term lease of 8 months with 7 months at €600pm left the landlord was awarded €1,800 as

The Parties signed a Letting Agreement dated the 13 August 2018 for the term of 1 year commencing on the 18 August 2018. The Respndent Tenants notified the Landlord that they had moved out before the expiry of the term on the 29 January 2019. The Tribunal accepts, the Landlord’s submission that the Respondent Tenants intended leaving the dwelling as soon as they completed the purchase of the new house in Kerry. The Tribunal is not permitted to award punitive damages under the Act and can only award damages to compensate the Landlord for his loss. The Landlord has a duty to mitigate his loss. The Tribunal accepts that the Landlord did mitigate his loss by carrying out the repair works himself and that this took longer having regard to the fact that he resides in Dublin. The Tribunal finds that a reasonable period of time to carry out the repairs and re-let the dwelling would have been 3 months from the date the Respondent Tenants vacated the dwelling and awards the Landlord €1,800 for the breach by the Respondent Tenants of the fixed term tenancy.

https://www.rtb.ie/downloads/tribunal-report/TR0619-003810_Report.pdf

Dav010

Aiyana Shy Square wrote: »

Breach of fixed term lease of 8 months with 7 months at €600pm left the landlord was awarded €1,800 as

The Parties signed a Letting Agreement dated the 13 August 2018 for the term of 1 year commencing on the 18 August 2018. The Respndent Tenants notified the Landlord that they had moved out before the expiry of the term on the 29 January 2019. The Tribunal accepts, the Landlord’s submission that the Respondent Tenants intended leaving the dwelling as soon as they completed the purchase of the new house in Kerry. The Tribunal is not permitted to award punitive damages under the Act and can only award damages to compensate the Landlord for his loss. The Landlord has a duty to mitigate his loss. The Tribunal accepts that the Landlord did mitigate his loss by carrying out the repair works himself and that this took longer having regard to the fact that he resides in Dublin. The Tribunal finds that a reasonable period of time to carry out the repairs and re-let the dwelling would have been 3 months from the date the Respondent Tenants vacated the dwelling and awards the Landlord €1,800 for the breach by the Respondent Tenants of the fixed term tenancy.

https://www.rtb.ie/downloads/tribunal-report/TR0619-003810_Report.pdf

While I am loathe to get between yourself and davindub, the mitigation of losses would surely require the advertisement of the property to get new tenants and reduce the amount the original tenant is liable for during the remaining term of the lease, would it not?