Breaking 1 year lease

S

Shamrock

Registered User
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Hi all, I have moved out of rental property after 8 months of a 1 year lease. It was through a letting agent and they have come back saying that becasue there was a few days in between us moving out and tenants moving in, that we will be charged for loss of earnings. I had given agency 7 weeks notice and had moved out to facilitate the new tenant moving in but they then went on holidays which delayed them moving in. Surely that is not my fault and I shouldn't have to incurr a loss? Any help would be much appreciated.
 
Shamrock said:
Hi all, I have moved out of rental property after 8 months of a 1 year lease. It was through a letting agent and they have come back saying that becasue there was a few days in between us moving out and tenants moving in, that we will be charged for loss of earnings. I had given agency 7 weeks notice and had moved out to facilitate the new tenant moving in but they then went on holidays which delayed them moving in. Surely that is not my fault and I shouldn't have to incurr a loss? Any help would be much appreciated.
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I am assuming that this was done as an assignment of a fixed term lease. If this is the case, you are liable for the rent until the new tenants start to pay rent - not when you vacate or they actually move in.

Under the assignment laws, it is the responsibility of the departing tenant to:
1) find the new tenant (suitable to the landlord's referencing checks and
2) pay the costs of doing so.

If the landlord/agent has had to find the new tenant, they may claim their costs from you.
 
Thanks for the reply. I have a case coming up with the PRTB as the new tenant was moving in on said date and we moved out but subseqently they went on holiday and feel that is he letting agents fault as they agreed to it and not mine.
 
Shamrock said:
Thanks for the reply. I have a case coming up with the PRTB as the new tenant was moving in on said date and we moved out but subseqently they went on holiday and feel that is he letting agents fault as they agreed to it and not mine.
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If you organised the new tenant then you would know from what date the assignment commences for him.

If you have left it to the agent - as I said previously, then you are responsible for their costs (advertising, legal etc.). After all, it is you who is breaking a legally binding contract - a landlord does not have any such option to break a fixed term lease in this manner.

Unfortunately, in Ireland, when a tenancy is assigned, it is done on an informal basis. To assign a tenancy correctly, a Deed of Assignment should be completed and signed by the three parties - the out-going tenant, the incoming tenant and the landlord/agent. This affirms the condition of the assignment, and the date on which the new tenant takes over the out-going tenant's responsibilities - rent, utilities and the conditions of the original lease.
 
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