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Fixed Term Lease

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  • 17-02-2012 10:16pm
    #1
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭


    Under what terms can I break a fixed term lease signed under The 2004 Residents Act?

    It was only signed in Januray

    What will happen if I break it?


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    #2
    gurramok
    Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Only last month?! You'll owe 11 months rent legally. Only way out is that if there is something seriously wrong with the residence rendering it unhabitable.


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    #3
    rcdk1
    Closed Accounts Posts: 558 ✭✭✭rcdk1


    http://public.prtb.ie/DownloadDocs/Termination%20of%20FT.pdf
    a tenant can only terminate a fixed term tenancy where there the landlord has been in breach of his or her obligations. In addition however, where the landlord has refused consent to an assignment or sub-let, the tenant can also terminate the tenancy, in accordance with Section 186.


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    #4
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    So does that mean I'm scrweded?

    If I propose some one to take on the lease in stead of me he has to agree? Does he have the final call? I'm a bit worried as I had to get some one to guarantee the lease in the first place


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    #5
    El Weirdo
    Registered Users Posts: 11,647 ✭✭✭✭El Weirdo


    godtabh wrote: »
    So does that mean I'm scrweded?

    If I propose some one to take on the lease in stead of me he has to agree? Does he have the final call? I'm a bit worried as I had to get some one to guarantee the lease in the first place
    You can indeed get someone else to take on the remainder of the lease. The landlord will obviously have to agree to this other person.


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    #6
    ProudDUB
    Registered Users Posts: 11,569 ✭✭✭✭ProudDUB


    If move out and do not assist in finding another tenant, the LL can and probably will hang onto your deposit. He can also pursue you legally for the other 11 months of rent that your fixed term contract says he is owed, but the odds of him doing that are slim. Doing so would probably cost more than you owe him.

    Even if you do find another tenant, he/she will probably have to meet the same criteria that you did before you moved in. Your replacement tenant can't be just anyone. Last year, I took over the last few months of the lease of a couple who needed to move overseas at short notice. They were perfectly happy with me. But I still had to go to the estate agent (who managed the apt for the landlord) and provide bank statements, former land lord references and employment/income info before they would agree to me taking over the tenancy. I was new to living in Ireland again after years of living in the US. They may have been more careful checking me out than someone who has been living here for donkeys years, and whose background they could easily check out. But most landlords will still do some sort of background/employment check that the new tenant will need to pass.


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Why do you want to move out of the accomodation? Is it problems with the landlord/accomodation or is it for personal reasons?


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    #8
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    I found a bigger place and I want to move in


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