Rent contract void due to incorrect house details

M

MoneyWorry

Guest
Any help would be appreciated on this issue.

Basically I have signed a contract with my partner for renting out a house. We have been in the house since September 2005.

We are now moving out to a new place. The landlord asked for 2 months notice. We gave him 2 months notice. They still cannot find any tenant to move in. This resulted in us losing our deposit of 1000 euro, because the contract stated 12 month agreement. Thats fine.

I reviewed over the contract and noticed that the house number is wrong. Our house is 59, but on paper it is 59 on the first page of contract and on the page where it is signed off it says 29. Does this make the contract invalid, since you cant really rent out no 29 ???? Also it says no.29 on the receipt of the deposit. Is their any chance i can take the deposit back?

The landlord is overseas, since we rented the house from him. Also there was problems in the house with the dishwasher, taps and shower. paid for it out of my own pocket since the landlord could not be bothered, quite frustrating, and I feel entitled to my money back. I have looked after the house. It is in the same condition as we moved in etc.

Any help would be appreciated.
 
Re: Rent contract void? incorrect house details...

I'm moving this post to our Legal issues forum, as I reckon you'll have a better chance of getting an answer there. Might be worth contacting Threshold for advice.
 
Re: Rent contract void? incorrect house details

I am a Landlord myself, and was in a similar position whereby a tenant gave one months notice, 5 months into a one year lease. They had to move thier child to another school as she was not settling.

Even thought it was a one year lease there is nothing I could do about it as the Lease stated that they only have to give one months notice. Even then, I would not think about holding back thier deposit, unless there had been damage to the property. I would seriously suggest you contact Threshold immeadiately. Its people like this that give landlords a bad name.

Do let us know how you got on and Good Luck.
 
Re: Rent contract void? incorrect house details

Potblack

I don't think that it gives landlords a bad name at all. They signed a contract for 12 monhts. I would have thought that they were obliged to pay the rent for 12 months whether they occupy the premises or not. Forfeiting the deposit is not a big penalty in the context of things.

The landlord has to pay the costs of finding another tenant. He may have to do up the house a bit to get it ready for the new tenant. He may have an empty period. Overall, I think it will cost the landlord a lot more that €1000.

You were very generous in not penalising your tenants for early termination of their contract but your generosity does not imply that others who run their business in a business like way are giving landlords a bad name.

Brendan
 
Re: Rent contract void? incorrect house details

Potblack

I don't think that it gives landlords a bad name at all. They signed a contract for 12 monhts. I would have thought that they were obliged to pay the rent for 12 months
Click to expand...

Brenda, I would disagree, but hands up as I am not a solicitor. However, regardless of the term of the contract, most standard lease agreements state that the contract can be terminated by either party giving one months notice. If Moneyworry's contract was a standard lease agreement then I think they were more than fair to give two months notice. In addition they seem to have maintained the property from thier own funds. I am in the position of finding another tenant and getting the property done up etc etc. However I still feel the landlord was very harsh, or maybe the law is harsh. If they are out of the country and not interested in maintaining thier property I can understand why the tenant would move out. He was not running his
business in a business like way
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Maybe a solicitor could answer a simple question for us.... can a one year lease be broken by giving a months notice without forfit of deposit??

Maybe I was too generous with my previous tenant, however I do feel, especially in todays property market where landlords have without effort made money, through either rent and captial appreciation, that a sense of common decency towards other applies. Or has the celtic tiger scared it out of us!
 
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