Tenants signed lease- landlord wants property back

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Pinkpanter

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Hi we rented our apartment out- one year lease signed no deposit or months rent paid yet.

They have been extremely demanding- want tv new curtains and chairs aren't white enough. The place is spotless. Want to visit it again before August 1 move in.
How can I break lease. No deposit or rent paid. Please help. We just moved abroad !
 
Hello Pinkpanter. You sound very stressed. I would think that you could pull out with no money exchanged. To be sure.
Phone the PRTB 0818303037 or e-mail them to check exactly where you stand.
Best of luck.
 
You have not stated when the lease was signed nor when the tenants moved in. Ahh, on rereading the OP's post (I've just had to rewrite half the post) I now understand that the tenants will move in in August. They sound like bad trouble and if you acquiesce to their demands they are likely to demand more things in the future. If they don't like the property 'as is' then tell them that they are free to tear up the lease especially as no deposit nor rent has been paid.

I may be wrong (I'm not in the legal profession), but where a contract requires payment of a deposit plus rent in advance then if those conditions are not met, the contract is null and void.

Normally a lease states that the deposit has been paid. Does your lease state this but you have not received it?

There is no need to fit new curtains, supply a TV (if you do then you are responsible for repairs if it fails to function) etc, unless an agreement was made at some time with the tenant.

If you are moving abroad then the tenant must retain 20% of the rent and forward that to the Revenue unless you have someone to take care of your business affairs (yes, you now have a business in Ireland) and file tax returns as and when necessary.
 
They signed lease 8 days ago-lease from 1/8. The list of demands was even more than listed in previous post.
Asked them by email to bank transfer first months rent and deposit before keys: handover could proceed.
They requested a 3 rd viewing of the property on Tuesday next.
We have an agent looking after our interest and are tax compliant. Have another rental property.
I was under such pressure with my own move abroad with a new baby and toddler.
 
Pinkpanter said:
They signed lease 8 days ago-lease from 1/8. The list of demands was even more than listed in previous post.
Asked them by email to bank transfer first months rent and deposit before keys: handover could proceed.
They requested a 3 rd viewing of the property on Tuesday next.
We have an agent looking after our interest and are tax compliant. Have another rental property.
I was under such pressure with my own move abroad with a new baby and toddler.
Click to expand...
Just advise them that the property is in compliance with the Housing Standards for Private Rented Accommodation and no additions nor alterations will be made. Take it or leave it.
 
It looks to me that they are seeking material alterations to the lease which potentially invalidates the lease. In addition if they are seeking another viewing then it appears to me that they have not accepted the house at this stage. Irrespective of the lease being signed, legally is there a contract? No deposit handed over. Is the house of good quality and/or are the request reasonable or unreasonable?

Also lets be real, its signed how long? No money handed over, no keys exchanged, they clearly haven't even accepted the property yet, seeking material alterations??

Suggest you consider walking away now before you find yourself in a serious dilemma once keys handed over. Did you talk to their previous landlord or look at their rental history? References?? Did the agent and did they provide proof, email you the references, etc?

Losing a months rent is a small price to pay to avoid a bigger issue in the future.

Suggest run above by legal advisor if you have any concerns.
 
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myself and my husband were doing the showing around- our agent was to respond to any issues once rented.
No deposit paid or rent to date.
They wanted tv and futon instead of bed in 3 rd room. They wanted curtains and assurances that sound system would be fixed.
They wanted bbq on terrace to be removed. She was going around with a white glove to check surfaces -place was intensively cleaned.
We requested a reference from previous landlords later in the week. This is because we heard they were extremely difficult people and may not have the means to pay rent.
We signed in haste as we were leaving the country. Sign in haste repent in leisure.!
We are going to talk to solicitor tonight!
I feel we have dodged a bullet on these tenants!! We have learned a lesson.!!!
 
Yes i think you may have dodged a bullet alright....My advice is Do NOT rent to these people,When a rental agreement is signed,the deposit+first months rent is payable before you hand over keys,so I think you should be ok.failing that tell them you or a close relative is moving in.


Pat
 
I may be wrong on this but I think if you hand over the keys before they've paid anything they could move in and wouldn't have to pay anything for the next 4 years and would leagally be allowed stay. Someone else might be able to confirm that.
 
Very odd to ask for a TV, there's hardly a person that doesn't have their own. In any case landlords do not have to supply this and there's no way I'd supply one. Curtains or furniture fine if what was there wasn't good enough. Hopefully you refusing their requests means they won't move in and they've no keys nor deposit paid. Very odd to sign a lease without a deposit. Even odder is that you've another rental property so you should have been more careful unless I'm missing something, but the stress of moving can be horrendous.

What does your agent advise? What is his role in all of this?
 
It was the stress of the move caused my oversight. I mentioned deposit and first months rent several times. Usually people pay in cash but the amount was €3300 (1650x2). I mentioned bank transfer and they said they would do that. Then no cash was forthcoming to my account and I emailed them re same. Then they requested another viewing and all the demands started.
They want to sue us now!!
It's with our solicitor to review. Whatever the cost it's cheaper than trying to evict down the line. I'm breathing a sigh of relief.
 
Get a good agent and let them handle things for you. You cannot be dealing with issues like this when you are out of the country. Pay somebody 12% and have peace of mind.

BTW anybody doing a white glove inspection is a definite non tenant as they have an attitude problem.
 
Do not provide a TV. The landlord is the person responsible for the TV licence fee if you provide it!
 
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