Landlord needs to terminate lease early

D

Dublandlord

Registered User
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2
Hi there

I'm looking for some advise please.

I've recently let out my apt via a management company. It's a 12 month fixed term contract. The tenants have signed the contract but I haven't yet. Due to work reasons I just found out that I will need to move back into the property from Jan 14 with my husband and young son.

Will I have to wait until the expiry of the lease (even though I haven't signed it yet) before we can move back into the property or can I terminate the lease early?

Many thanks for your help.
 
No you won't have to wait, you haven't signed the lease yet so it's not yet effective, they are there less than 6 mths so it can be terminated early at that stage and in any case, needing up move into your property yourself is one of the reasons for which you can terminate a lease at any point.

You do of course risk that they will move out now and you gave an empty apt until Jan
 
OP, have the tenants moved in yet? Have you / your agent collected any rent from them? Did the Agent sign the lease on your behalf (an agent can be deemed landlord when appointed by the actual landlord)?

If they have already moved in, it is likely that the PRTB would not consider the unsigned lease as invalid as they will consider the intent of the agreement bearing in mind that an agreement may be verbal.

As for the advice that you can terminate a 12 month fixed term tenancy within the first 6 months and using 'needing to move into the property yourself' as a valid reason, this is absolutely incorrect.

As per the PRTB:

"A fixed term tenancy should last for its duration and should only be
terminated if:​

- The tenant or landlord has breached one of the conditions of the lease and/or their obligations under the Act.
- The landlord has refused a request by the tenant for assignment of the lease, allowing the tenant to serve a notice (see section 186 of
the Act).
- There are provisions incorporated into the agreement allowing for early termination (i.e. a break clause).​
 
I think the world must be gone completely bonkers.

If I understand it correctly you have let your property on a 12 month lease and now you are considering chucking these poor people out because you suddenly have changed your plans..........

Honour your agreement and allow these people to live in peace until the lease expires. At least that's what any decent person would do.
 
People's circumstances change. Why would someone choose to put themselves out by honouring an agreement that legally they don't have to. They didnt come asking for moral advice on the matter.
 
Thanks for the replies.

The tenants have moved into the apt and I have collected rent. The lease hasn't been signed by myself or the agent. Obviously, I don't want to cause inconvenience to the tenants, but I also don't want to have to rent somewhere else to live for 6 months.

I think I will speak to the letting agency and see if the tenants would be agreeable to moving out after 6 months and I will pay them some compensation for their inconvenience.
 
A fixed term lease means just that (for the landlord anyway).
A lease may be written or verbal and to complete a lease if consideration has changed hands then the agreement is completed.

The part highlighted in bold only refers to periodic/Part 4 agreements and does not apply to fixed term agreements.

However, with a fixed term lease, you may serve a Notice of Termination during the first six months without any warning notice IF the tenant is in breach of their obligations (one exception being rent arrears).

Your best bet may be to offer to buy out the lease, however the tenant will not accept a buy out unless it is going to be to their advantage (usually a minimum of the equivalent of 2 months rent + moving expenses and any other expenses the tenant has.
 
Two important questions.

1. Do they have a fixed term lease?
Yes, they do as there was clear intent and a contract has been made for a fixed term.
2. Can you force them to move out legally?
No, they have a tenancy for a fixed term of 12 months.

You can offer them two months of rent off if they agree to vacate in January to compensate them for messing around.
 
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