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How do I break a 6 month lease 2 months early?

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  • 08-11-2023 10:36pm
    #1
    betaband
    Registered Users Posts: 21 ✭


    My lease ends the end of January as landlord is selling the house. I was unaware of this. A lot of issues with the house, so much so, that I leave for work at 7am and don't come home till after 8pm, I hate it. No wifi even, let alone the weird rules, mould, cold etc!! I stay at my BF's Fridays- Sundays or go back to my parents at weekends (nearly 3 hours away) as I can't stand to be there.


    I'm not sure if I should give my 28 day notice NOW and trust I'll get something by then(have 3 viewings this week). I don't want to have to pay for 2 months extra rent. I would accept losing my deposit which is just one months rent, but I don't want to have to pay the full lease. I'm not sure if I should ask to sublet? I need to get out of here but I'm not sure if I should just wait till end of December and let landlord take my deposit either. I'm not in a position to pay 2 months rent on 2 places.



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    #2
    Rows Grower
    Registered Users Posts: 8,030 ✭✭✭Rows Grower


    If you want to break a 6 month lease 2 months earlier than agreed then you will have to pay for the two months.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



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    #3
    newmember2
    Registered Users Posts: 2,596 ✭✭✭newmember2


    If the accommodation is sub-standard then report your findings to the local council and to the RTB.



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    #4
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Check your lease, I doubt there's a provision for the landlord to break it in the case of them selling (I'm not sure if that's even an allowed clause) so they might be in dodgy territory telling you to leave before the lease is up. It might suit them for you to leave early without kicking up a fuss about it.



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    #5
    betaband
    Registered Users Posts: 21 ✭betaband


    Other tenant (whose been there 10 years) was aware of the house being sold when as far back as my viewing in July. I just didn't think to question why it was 6 months and not your usual year.



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    #6
    Rows Grower
    Registered Users Posts: 8,030 ✭✭✭Rows Grower


    https://www.boards.ie/discussion/comment/121344218#Comment_121344218

    Good advice, if the property doesn't have proper heating facilities or ventilation it is not suitable for letting.

    If however there are proper heating facilities and ventilation the tenant could be liable for any damage caused to the property since they moved in. Lack of WiFi doesn't make a property sub-standard as far as I'm aware and any "weird rules" should have been discussed before the contract was signed by both parties.

    There is a tendancy amongst a lot of people to always assume it is the landlords fault if a tenant isn't happy when quite often this is not the case.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



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    #7
    meijin
    Registered Users Posts: 1,266 ✭✭✭meijin


    https://www.boards.ie/discussion/2058321774/how-do-i-break-a-6-month-lease-2-months-early

    that's a bit strange

    do you have a lease with the landlord? for what term exactly? or with someone else in the house?

    how do you know he's selling? do you have the notice of termination?



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    #8
    Padre_Pio
    Registered Users Posts: 5,156 ✭✭✭Padre_Pio


    You should just ask the landlord.

    If they're selling they'll probably be happy you're leaving with no hassle.



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    #9
    betaband
    Registered Users Posts: 21 ✭betaband


    https://www.boards.ie/discussion/comment/121344586#Comment_121344586

    I only found out when other tenant told me. This was confirmed to me further when landlord mentioned getting work done before selling in passing.


    I knew it was 6 months, I just never questioned why.



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    #10
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Do you have a proper lease or is the current arrangement a bit ad hoc? Are you renting from the landlord or the other tenant basically



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    #11
    betaband
    Registered Users Posts: 21 ✭betaband


    Renting from landlord. I signed the standard RTB lease but not sure if she ever actually registered me. Never received a letter etc.



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    #12
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/121345021#Comment_121345021

    Wasn't there an existing tenant/tenancy when you took the accommodation? Is that registered with the RTB?

    Did you/other tenants try to get broadband, there must be very few areas nowadays where you can’t get broadband, I’m not sure that you can expect a LL to provide Wi-Fi for you.



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    #13
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    You hold all the cards so, you likely have a lease that doesn't allow for early termination by either party and the landlord hasn't/can't given/give you a proper notice of termination. You basically legally don't have to leave and can make life very difficult for the landlord if you wanted. But seeing as you want to leave it's in both your interests to come to an arrangement. Read the RTB webpage on requirements for termination notices and have that in your metaphorical back pocket when you have a chat with the landlord, they'll probably jump at your proposal.



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    #14
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/121345050#Comment_121345050

    Op doesn’t have Part 4 tenancy rights.



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    #15
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Sorry, I might have misread something, is the plan for the landlord to terminate your tenancy before the end of the 6 months or after? You said the lease is ending because of that but is that cause it's being cut short or the plan was always to sell at the end of the 6 months?

    If you were to stay to the end would you be there for 6 months in total exactly, more or a few days less?



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    #16
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/121345061#Comment_121345061

    The op signed fixed term lease for 6 months, he/she knew from the start it was 6 months, no doubt the LL specifically offered the 6 month term because he is selling, and he knows that a term longer than 6 months would have imparted Part 4 rights to the tenant.

    Op, if the LL is selling, he is unlikely to be put out by leaving a month or 2 early.



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    #17
    listermint
    Registered Users Posts: 33,931 ✭✭✭✭listermint


    If the LL is selling they've already mentally signed out. I wouldn't worry about any of it. Find a new place and go. The end .


    Move on. They have.



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    #18
    betaband
    Registered Users Posts: 21 ✭betaband


    https://www.boards.ie/discussion/comment/121345095#Comment_121345095

    That's exactly it. It was a 6 month lease from the get go. She knew she was selling. Tenant I was replacing was furious about being evicted next February and left. That's why I'm on such a short one. I didn't know



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    #19
    betaband
    Registered Users Posts: 21 ✭betaband


    https://www.boards.ie/discussion/comment/121345108#Comment_121345108

    I hope so. I have somewhere I could move into right away but I'm scared to say yes as I'm not in a position to pay 2 more months here when I'm not there and pay new place



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    #20
    Mrs OBumble
    Registered Users Posts: 25,936 ✭✭✭✭Mrs OBumble


    If you just go the day before you are next due to pay rent, then realistically what can the LL do about it.

    (Go without paying of course.).

    Yes, legally you are liable to pay. Practically they cannot make you.

    Usually I'd focus on you being liable. But in the current housing market, having somewhere to go is rare and valuable.



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    #21
    Cushtie
    Registered Users Posts: 719 ✭✭✭Cushtie


    Have a chat with LL, tell her you need to take up offer of new rental as you are afraid you will loose it.

    OK you will loose your deposit most likely but better to be down 1 months rent instead of 3. Just make sure you do it before you hand over the rent for month 5.

    As some else said if they are genuinely selling up then they have checked out and will most likey be delighted to have the place empty with no headaches.

    Or you could just say nothing and move out and let that be that.

    I doubt landlord will try to sue you for a coupe of months shared rent. They will have enough to be dealing with getting the place sold.



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    #22
    ballyharpat
    Registered Users Posts: 1,804 ✭✭✭ballyharpat


    Legally, obeying all rules and regulations, you can leave any lease before 6 months is up, by giving 28 days notice. Same would apply to a 6 month lease.


    Realistically, just go as soon as you find a place, you probably paid a deposit? you may not get that back, but it probably was not too much anyway, I'm thinking.



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    #23
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    https://www.boards.ie/discussion/comment/121345095#Comment_121345095

    The landlord never told the OP the reason was the short lease for selling. At midnight on the final day of the 6 months they will have earned part 4 rights (or at least did before 2022, there have been updates I'm not too familiar with). If the lease was 1 day short of 6 months it wouldn't be an issue. The landlord has to give proper notice in writing to get them out after that point.

    But hopefully it doesn't have to come to the threat of that mess, and they'll come to an agreement.

    OP if the landlord refuses to let you terminate early you can offer to assign the lease to someone else or sublet, they can't unreasonably refuse and if they do you can break the lease and only have to give your 28 day notice.

    Again that should be a last resort.



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    #24
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/121349990#Comment_121349990

    Ok, it’s worth looking up what Part 4 rights are, and what you don’t have when you don’t have them.

    A LL does not need to give a specific reason as to why the tenant’s tenancy is being ended before the 6 month mark, only that the tenancy is being ended in line with Part 4 legislation. The op has a lease which specifically states it is a 6 month term, not 6 months and 1 day, the 1 day is important as Part 4 rights come into existence when the tenancy exceeds 6 months. The op has confirmed this already in the thread, he/she knew that he/she has to leave at the end of the 6 month fixed term from the outset.



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