Breaking fixed term lease?

[elainem]

Are there any situations where one can break a fixed term lease. Just got a job back in Dublin, and can also get school places for the children, but my house is rented through a letting agent on a fixed term lease until March 31st next year. The letting agent said that I couldn't use the reason for needing to reoccupy the house, as it wasn't a Part IV tenancy accoring to the act, as the fixed term term had not yet expired. Any advice on this greatly appreciated. I could commute, but it would be 50 miles each way three days a week, and then kids and study etc. Could give the tenants 2 months notice if necessary, but don't know what the legal position is. This all arose unexpectedly. Thanks.

 

[j26]

The letting agent is correct, and you entered a contract to let the property for 12 months in return for a rent. Unless they breach one of the covenants of the letting agreement (most notably non-payment of rent), there's not a lot you can do, and even if they do, it could take so long to get them out it would be nearly March by the time you get them out.
If they are paying rent and treating the place with reasonable care, you have no legal way to force them out.

You have 2 realistic options
1. Rent a house in the area until yours is free. Talk to your letting agent - s/he will be delighted. Don't forget that you can claim tax relief on the rent you pay.
2. Approach the tenants and offer to subsidise their rent (e.g. you pay €100 pm of their rent in the next place) for a while if they agree to move out.

 

[csirl]

Option 3 may be to offer the tenants a lump sum in exchange for them agreeing to terminate the lease.

 

[elcato]

The easiest option is to forego some rent in exchange for them moving out. They may well be delighted to break the lease in current market with low rent etc. Why not explain your situation to them and offer them a free last month but dont give their deposit back till they vacate. Worst case scenario is that you will have to rent yourself and may get something cheaper to tie you over till next March.