Tenants Rights: termination of the tenancy two weeks early was by mutual agreement.

S

shely666

Guest
Hi

I rented a property for 2 years and moved out last Friday.

We paid one month in advance and when landlord came to collect the rent on the first Friday of the month I asked was it alright if we moved out in 2 weeks instead of a month, he said this was fine as he had someone else to replace us.

I am just wondering has he any rights now to withhold our 2 weeks rent as he wouldn't give it back last Friday and the place was left spotless compared to when we moved in.

He did say that there needed to be touch ups on the painting but I assumed this would be wear and tear and we were willing to touch it up but he moved the tenant in that night we moved out.

Any advice please.
 
Touch ups on the painting is not your responsibility and considering you lived there for 2 years (I assume the landlord did not have any painting done during this time) it would be expected that he would paint the house before new tenants move in.

Let me just get it straight you paid in advance and then asked was it alright if you moved out in 2 weeks instead of a month - did you actually ask him at this stage for 2 weeks rent back along with your deposit? Have you received your deposit back? Has the landlord given you any explanation about deposit or two weeks rent?

I would expect that since you paid the rent, and then asked (I assume at a later date) if it was okay to move out 2 weeks earlier than agreed that you are not entitled to that money back.
 
He didn't take a deposit, thankfully.

We rang him the day the rent was due and told him before we gave the rent, we said we would give him 2 weeks rent but he said no give me the month and whatever I owe ye I will give ye back when ye move out but (I know stupid of me). Plus tenants moved in directly as soon as we moved out so I know he didn't have to do anything as it was spotless. (he didn't get a painter in)

thanks for answering
 
The landlord did not suffer any loss of income as he had a replacement tenant immediately. The termination of the tenancy two weeks early was by mutual agreement. If you have any problem getting the two weeks rent back you should contact the PRTB.
 
Well if he agreed to it before you paid the rent you are entitled to it back. You should contact him and tell him you want rent back if he is unresponsive or says no then get in touch with the PRTB as soon as possible.
 
Thanks guys, he was asked today for money back but saying stuff was broken. I am meeting him tomorrow and will contact the PRTB alright if he doesn't come up with it this time as I have photos of the house the way it was left (fit for a new tenant).
 
Well it was sensible to you to take photos so he more than likely doesn't have a leg to stand on. Let us know how it goes.
 
The landlord will also have to be able to show you receipts for any items he claims to have had to replace.
 
Hi guys just lost out on €65 so I didn't do too bad, just thought very bad form on the landlords behalf the way it happened. Thanks for your replies.
 
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