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Need to break lease, any advice?

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    #32
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Dont know if the OP is reading this but only one person gave the right advice relevant to the OP.
    Ask but put it in writing, to sublet/reassign, see the prtb website on such a thing. In it Id explain why you want to reassign, ie cant afford it anymore.
    If the landlord/agent refuses, then issue a termination notice with the relevant notice period. If you have a smartphone try out a call recording app, but Id suspect where there is no reply if you asked or they refused to respond in writing would be considered by the PRTB as a no.
    Then pay what you can for the remaining rent, stay there for that rent duration period/month, OP said they had enough to cover 2 weeks.
    When the agent sends a notice for rent arrears, reply saying you asked to sublet but they refused and that the tenancy is terminated.
    The notice they issue will be 14 days to pay rent, after which they can issue a 28 day termination notice. You'll be gone in two weeks, I suggest not screwing anyone over and letting them do viewings for a new tenancy or if you can locate someone but they just dont want to have the place sublet which I think adds hassle, they can relet to them on a new lease, even a short term one, they can then take the remaining balance owed from your deposit and contribute to any outstanding bills.
    They will have time to replace OP and not be stuck and the OP can get out of a circumstance they cant afford, the OP can follow up the ex for any balance however likely that is.
    No walking away from the contract and any inconvenience along with that and no one screwed over.


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    #33
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    drumswan wrote: »
    There is no 'in reason' clause.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0186.html

    So much misinformation in this thread.

    Assuming a fixed term lease is in place, OP needs to find a replacement tenant and write to the landlord/agent informing them of same. If the landlord/agent disagrees with assignment the the OP can give a notice of termination with the relevant notice.

    If its a part four tenancy he can just give the relevant notice.

    So I can get my friend on rent allowance and when they refuse him I can just leave?


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    #34
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    shruikan2553 wrote: »
    So I can get my friend on rent allowance and when they refuse him I can just leave?

    No, it has to be a reasonable proposal. The LL is within his right to deny that. He cannot unreasonably withold consent for assignment, and refusal of an RA tenant I think would be considered reasonable. Find an employed tenant, not on RA, and the LL will not be able to come up with a reasonable reason to say no.

    If I were the LL I'd tell you to go find someone else if you suggested an RA tenant

    Forget whether or not that is enshrined in the legislation. Consider if you went out and got the local homeless crack addict to take over the lease (an extreme example I know). If the LL said no, do you honestly think that the PRTB would find against him if he refused?

    Just use your common sense when finding a replacement to make the process easy


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    #35
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    Grandpa Hassan wrote: »
    No, it has to be a reasonable proposal. The LL is within his right to deny that. He cannot unreasonably withold consent for assignment, and refusal of an RA tenant I think would be considered reasonable. Find an employed tenant, not on RA, and the LL will not be able to come up with a reasonable reason to say no.

    If I were the LL I'd tell you to go find someone else if you suggested an RA tenant

    Forget whether or not that is enshrined in the legislation. Consider if you went out and got the local homeless crack addict to take over the lease (an extreme example I know). If the LL said no, do you honestly think that the PRTB would find against him if he refused?

    Just use your common sense when finding a replacement to make the process easy

    That's what I was thinking and another person said Im misinformed. What you described is exactly the types of situations that I would have thought a LL would be free to refuse, extreme examples but same principle.


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    #36
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    shruikan2553 wrote: »
    That's what I was thinking and another person said Im misinformed. What you described is exactly the types of situations that I would have thought a LL would be free to refuse, extreme examples but same principle.

    Sometimes people blindly quote legislation and don't use their common sense. Common sense which the PTRB use (which is evident through their rulings).


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