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Leaving A Lease

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  • 12-10-2012 5:38pm
    #1
    A V A
    Banned (with Prison Access) Posts: 6,755 ✭✭✭


    me and a friend moved into our house at the end of june just gone.iv just got offered a job that im qualified in that is somewhere else and it isnt practical staying in the property we are in now,basically we want to move out of the house.acccording to the PRTB website we can give 6 weeks notice and offer to sub let the property and leave the lease but if the landlord refuses the sub-let we are in our rights to leave the property in the 6 weeks notice given and receive our deposit back.if someone can elaborate with me on this it would be great


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    I posted this in the thread directly below this one!!!

    If you want to break a fixed term lease then the only option available to you is to assign the lease to someone else. This involves first getting the landlords approval to reassign (if they refuse then you can legally leave with your deposit, less any deductions for repairs etc), then its up to you to find a suitable candidate to take over the lease. The potential tenant must meet with the approval of the landlord, who is entitled to assess the potential tenant using the same criteria that you were assessed on when you first took out the lease. If the landlord approves then the new tenant takes over your lease for the duration and you can leave you with your deposit (again less any deductions for damage etc).

    Make you that all correspondace with the landlord is done in writing (registered letter is the only method that really counts), and that you have all agreements etc in writing and signed by the landlord.

    This is the only legal way that you can break a fixed term lease. Contact Threshold if you are unsure of any aspect of it or for further information. If you choose to break a fixed term lease in any other way then the landlord is entitled to keep your deposit (technically they are entitled to persue you for the full amount of the years rent, but most wont bother as it is too time consuming and expensive).
    __________________


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    As djimi says, the best way is to assign the lease.

    If you sub-let, which is also a possibility with the landlords consent. you are still liable to the landlord for the rent and any damage in excess of normal wear and tear.

    By sub-letting, you become the new tenant's landlord (known as the "head tenant") and have all the responsibilities of a landlord - probably not what you want. A tenant cannot sub-let and remain living in the property - a tenant remaining in the property would have either a licensee/lodger or a co-tenant.

    However, that is the difference between sub-letting and an assignment.


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