Stupid Boy
Registered User
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- 43
Hi All,
Just looking for some advice on the legalities of a lease / tenancy break clause.
- My partner and I signed a one year lease on the 28th of June for a tenancy due to commence on the 12th of July, at this time a cheque for a 1,700 euro deposit was signed as was a post dated cheque for one months rent (1,700)
- Due to extenuating circumstances we were unable to take up the lease and served verbal notice on 10th of July.
- This notice was accepted by the letting agent acting on behalf of the landlord, and they would seek alternative tenants for the property from 10th of July, our deposit to be returned upon the agreement of a new tenancy.
-The cheque for one months rent has today been cashed without notice this is in addition to the deposit cheque, this was against all previous verbal correspondence from the letting agent.
-The letting agent has now advised that the landlord intends to deem the tenancy active from the 12th of July and as such seek rental for the period until the new tenancy is agreed.
There are 2 questions we have on this -
- Legally where do we stand with regards serving the notice, it was my understanding that we have served the notice prior to taking up the tenancy so therefore would not be liable for any monies.
- Even if the landlord deemed the tenancy active from the 12th of July the one months deposit covered the rental so therefore why was the second cheque cashed without notice.
Regards,
SB
Just looking for some advice on the legalities of a lease / tenancy break clause.
- My partner and I signed a one year lease on the 28th of June for a tenancy due to commence on the 12th of July, at this time a cheque for a 1,700 euro deposit was signed as was a post dated cheque for one months rent (1,700)
- Due to extenuating circumstances we were unable to take up the lease and served verbal notice on 10th of July.
- This notice was accepted by the letting agent acting on behalf of the landlord, and they would seek alternative tenants for the property from 10th of July, our deposit to be returned upon the agreement of a new tenancy.
-The cheque for one months rent has today been cashed without notice this is in addition to the deposit cheque, this was against all previous verbal correspondence from the letting agent.
-The letting agent has now advised that the landlord intends to deem the tenancy active from the 12th of July and as such seek rental for the period until the new tenancy is agreed.
There are 2 questions we have on this -
- Legally where do we stand with regards serving the notice, it was my understanding that we have served the notice prior to taking up the tenancy so therefore would not be liable for any monies.
- Even if the landlord deemed the tenancy active from the 12th of July the one months deposit covered the rental so therefore why was the second cheque cashed without notice.
Regards,
SB