# Tenant breaking lease and unpaid TV licence



## Marianne S (23 Jun 2013)

Our (fantastic up till now) tenant wants to move out 8 months into her 12 month lease. She has a genuine reason to have to move but it's left us a bit up in the air, we have to try to find a new tenant now and we were very happy with her. She hasn't paid the tv licence since she moved in, I think she would probably be exempt because she's on a reduced income but what do I do when she moves out. Who is liable for it? Can I contact the TV licence service and tell them it's not my responsibility?


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## TommyB (23 Jun 2013)

The TV licence has nothing to do with you.


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## Marianne S (23 Jun 2013)

So what happens when a new tenant moves in? I'm concerned that they will end up with hassle when they go to buy a licence.  Should I tell the outgoing tenant to pay it before she leaves? Her electricity bills are nothing to do with me either unless she moves out without paying them!


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## ajapale (23 Jun 2013)

Marianne S said:


> So what happens when a new tenant moves in?



Nothing. The TV licence none of your business.


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## burmo (23 Jun 2013)

If there's no tv there then no licence is needed...


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## shesells (23 Jun 2013)

Marianne S said:


> Our (fantastic up till now) tenant wants to move out 8 months into her 12 month lease. She has a genuine reason to have to move but it's left us a bit up in the air, we have to try to find a new tenant now and we were very happy with her. She hasn't paid the tv licence since she moved in, I think she would probably be exempt because she's on a reduced income but what do I do when she moves out. Who is liable for it? Can I contact the TV licence service and tell them it's not my responsibility?



She should be re-assigning her lease not leaving you to find a new tenant.


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## rob oyle (23 Jun 2013)

Marianne S said:


> So what happens when a new tenant moves in? I'm concerned that they will end up with hassle when they go to buy a licence. Should I tell the outgoing tenant to pay it before she leaves? Her electricity bills are nothing to do with me either unless she moves out without paying them!


When a new tenant moves in, the TV license will be an issue for them, not you. You could tell them this but I presume it will be stated in the lease agreement?


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## becky (24 Jun 2013)

Do as rob oyle states or just don't provide a tv.  I rented for years and only once was it provided.


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## sam h (24 Jun 2013)

Did you provide the TV? If so, I believe you are liable for the licence.  

If not & they had their own TV, it is their responsibility. 

I assume the TV licence inspector has issued a fine?


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## Time (24 Jun 2013)

> Did you provide the TV? If so, I believe you are liable for the licence.


The tenant/occupier is responsible for the licence regardless of who provided it.


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## Marianne S (24 Jun 2013)

It's her tv, we didn't provide one, she gave us some post belonging to us and in it was a letter addressed to the occupier saying that the licence inspector had called and there was no answer and to pay the licence.  I know the occupier is liable that's why I transferred the licence I had paid to my residence but she's about to move out so I'm wondering if I should take the cost out of her deposit. I think it would be bad form to leave it up to the next tenant to sort out.


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## ajapale (24 Jun 2013)

Marianne S said:


> ..So I'm wondering if I should take the cost out of her deposit. I think it would be bad form to leave it up to the next tenant to sort out.



No you cant do this because its simply none of your business.


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## Luternau (24 Jun 2013)

You are making something out of nothing.
You seem to understand that its the occupier that is liable. So, if that occupier does not pay it, that is between them and RTE/An Post. Nothing to concern yourself with. If they move, it's the responsibility of the new occupier to get their own licence.


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## burmo (24 Jun 2013)

luternau said:


> you are making something out of nothing.
> You seem to understand that its the occupier that is liable. So, if that occupier does not pay it, that is between them and rte/an post. Nothing to concern yourself with. If they move, it's the responsibility of the new occupier to get their own licence.



+1


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## SarahMc (24 Jun 2013)

Marianne S said:


> I'm wondering if I should take the cost out of her deposit.


 
You absolutely cannot do this, you'd be hauled to the PRTB pronto. What next, pay her parking fines from her deposit?

Your next tenant if they get a letter cam simply furnish a copy of the lease to the license section to prove they were resident and that time, therefore are not liable.


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## ajapale (15 Sep 2013)

Very similar question posted again today.


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## facetious (15 Sep 2013)

shesells said:


> She should be re-assigning her lease not leaving you to find a new tenant.


Well said, shesells.

If a tenant is breaking a fixed term lease, the tenant should assign the remainder of the lease to a new tenant suitable to the landlord's vetting. It is the tenant's responsibility to find the new tenant and to pay any costs involved.

Failure by the tenant to assign (by mutual agreement with the landlord) and find a new tenant, makes the tenant liable for the landlord's costs - advertising, agents fees etc.

The tenant, in either case is liable for the rent until a new tenant starts paying. However, a landlord is under an obligation to mitigate any loss as quickly as possible.

Furthermore, with an assignment, there is no extra registration fee with the PRTB, just a change of name of the tenant. If the lease is not assigned, the a new lease is instigated with the new tenant and therefore a new tenancy and a new PRTB registration fee.


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## bacchus (20 Sep 2013)

Playing devil's advocate here...OP, think about the following case:
Tenant stops paying rent and move out a month later without given your any details of their whereabout. You would probably be even more out of pocket than you _may _be in your current case.
And if you go to PRTB, it would probably take yanks before any outcome.

So, IMO, best if to accept fact and focus on getting a new tenants yourself prompto.


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