Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act????

I have a foreign tenant who signed a fixed lease for 12 month who has decided to go home a month early....I have advised that is fixed lease and the rent must be paid for the last two months and have highlighted the following 3 points that are stated in the lease:

The security deposit can not be used as payment in lieue of rent & failure to complete the term of the tenancy will immediately forfeit the security deposit. There is also another clause that breach of the agreement in any will forfeit the security deposit.

Here is my dilemma - Rent is due pay rent in May for June, and in June for July. Tenant wants to return home in June so wont pay for July and is insisting the security deposit be used as the June rent which is payable in May...I received a letter saying following legal advice under the 2004 Tenancy Act they are entitled to a P4 lease therefore the T & C's in the fixed term dont apply and to use the security dep as the June rent!!!

It is my understanding that the ACT does not overide any conditions in the fixed term contract. I even phoned Citizens advice who confirmed my interpretation was indeed correct so I'd like to know the idiot solicitor who is advising them. I was even nice to offer to try and get a new tenant for the month of July and If I did I would release their obligation to pay the rent for July....

Can some please advise as they will be leaving the country and I will be down 1 months rent and no money to repair any breakages/damages should I need to???

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

As the tenant is leaving the country, he won't care about what terms or conditions of the lease he has breached because you are unlikely to seek legal compensation outside Ireland and you have very little time to do anything about it in Ireland before he leaves.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

You will have to take the hit. Be a little diplomatic with the tenant, at least you will be able to show the property to prospective tenants while he is in situe.

The current tenant can screw you up in many ways before he leaves with no consequences.
Sorry!

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

It doesn't matter what you say now unfortunately because if he refuses to pay the rent for next month you will have to go through the motions of evicting him and he will be gone before you can legally move him out. You are snookered on this one, make sure to inspect it soon to see if there is any damage and other than that just start advertising it straight away.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

MrMan said:

It doesn't matter what you say now unfortunately because if he refuses to pay the rent for next month you will have to go through the motions of evicting him and he will be gone before you can legally move him out. You are snookered on this one, make sure to inspect it soon to see if there is any damage and other than that just start advertising it straight away.

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Ultimately this is all that can be done. The mechanics of eviting a non paying are so slow in Ireland that I don't see much benefit in trying. The law is on your side but I think you have to be pragmatic some times. The lease is going to be broken and you won't get paid for the final couple of months. What's the most you get in this situation? I'd suggest a clean apt that you can show to new tenants asap.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

In my experience Leases aren't worth the paper they are printed on. Even when I had a management company doing the letting they have told me that at the end of the day if the tennant decides to leave before the lease is up there is nothing you can really do about it if you decide to bring them to court you will probably end up paying more than they owe you.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

Thanks to all of you for your advice and comments...unfortunately the tenant will be in the property from now until end of June but wont have paid any rent for that period. Seeing as I am not getting paid I would rather show it to prospective new tenants now. I might have someone who can pay for the month at least..so I lose as little money as possilble......

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

unfortunately the tenant will be in the property from now until end of June but wont have paid any rent for that period

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But his deposit will cover this so you are not necessarily any worse off as long as there is no damage to the apartment. I dont understand the statement you make after this. If you get a tenant by July 1st (unlikely I know) you will not be out of pocket. Similarly if when any tenant leaves regardless of whether they leave early or not you could potentially be out of pocket.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

Sorry Elcato - I'm confusing myself at this stage. YYou are correct. I will have to use the security deposit as payment for 2nd last month, but am left with nothing to draw from should there be any repairs/damages or unpaid bills....as the tenant is leaving the country it is a very strong possibility bills will be left unpaid and some damage may not be apparent immediately on the transfer day. Once theyre gone I have no deposit to fall back should that be the case. I suppose my case is unusual as the tenant is actually leaving the country..

What would the status be if this was Irish tenant just moving house?

Am I within my rights as a landlord to enter the premises for an in depth inspection the weekend before the handover day? I can then make sure all is working - heating/appliances and if necessary advise the tenant of anything that needs to be addressed before the handover day

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

If you allow them to break the lease in an amicable manner I'd imagine they'd facilitate you in renting the place out.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

I would approach him/her and ask them nicely could you show the place to a potential tenant before they leave and use that opportunity to check the place. Problem is even if there are problems you would probably have to just accept them anyway seeing as they're leaving. Are they definitely leaving the country or maybe using this as an excuse to move somewhere cheaper ? As howitzer says the best you can hope for is some kind of co-operation and maybe they will leave the place clean for you.

Re: Urgent advice - tenant breaking fixed lease early - refusing rent under 04 act???

If you inspect the property and find damage it is very unlikely that you will get him to pay for it anyhow.

It is best to deal with this guy as amicably as possible because if you antagonise him he may deliberately damage the property and this will cost you more in the end.