tenant ending a fixed-term tenancy early

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Paulone

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I've tried checking this using the search function and other websites, but have found only very sketchy information. There's much, much more about what's to happen when landlords end tenancies early, but what is supposed to happen if the request to end a fixed-term lease comes from the tenant?

Correct me if I'm wrong, but I believe that the landlord is entitled to retain the deposit if the tenant does not fulfil the contract and moves out before the end of the tenancy agreement, unless a new tenant can be found in the meantime?

I also think that most leases would include the requirement that the tenant does not leave the property unoccupied for more than 30 days (without prior agreement with the landlord), and that to do so by - for example - moving out, the tenant will be in breach of the lease and forfeit the deposit?

I'm sure it must happen all the time that fix-term leases have to end early - particularly when a tenancy is preferred for its lack of permanence and the flexibility to move around that it offers - so what is the procedure if the request to end early comes from the tenant rather than the landlord?
 
Any use?

[broken link removed]

It is important that a tenant serves a valid notice of termination as otherwise he/she might not be entitled to a refund of any deposit paid.
Click to expand...

The implication of this is that if the tenant does serve a valid notice of termination then he IS entitled to a refund of deposit paid.
 
I have had a similar issue myself in the past.

Personally I didn't hold back the security deposit.

I felt they were good tenants while they were there and they had to leave for reasons beyond their control.

Personally i wouldn't hold back the deposit.

I view it as pat of the risk of the business.
 
If there is a lease in place the tenant is not entitled to their deposit back if they break the lease early. Have a look at “Deposit Refund” here,
http://www.prtb.ie/act.htm where it states,

“Equally, a tenant who has entered into a tenancy for a fixed term is bound by the terms of the contract entered into and may not terminate the tenancy before expiry of the fixed term unless the contract so allows or there has been a breach of the landlord's obligations....................................................................

It does however give an option,

“If a tenant does need to get out of a fixed term tenancy and wants to ensure that there are no grounds for retention of the deposit in respect of outstanding rent, the tenant should seek the landlord's written consent to assign or sub-let the tenancy. If the landlord refuses consent, the tenancy may then be terminated by the tenant by serving a valid Notice of Termination with the required amount of notice………………………………………………………………
 
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