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Help - getting out of lease early

lulu1985 · 2015-01-07 15:38:34

hi I have taken on a lease in september 14 for a year in private accommodation who are not willing to accept rent allowence or go on ras. im paying 650 pm.today I got told that a house that my sister was renting has come up in the market and the landlady rang her to see was I interested and she would happily go on ras…

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#32 16-01-2015 12:28pm
Michael D Not Higgins

Registered Users Posts: 7,223 ✭✭✭

Join Date: April 2013

Posts: 6953

Marcusm wrote: »

The point is that it is not simply possible to read in additional provisions to the law; had the consent been required to be "reasonably" then such words would be used. I can see that a fraudulent or corrupt assignment could easily be refused - such as proposing a minor child or a destitute homeless person - but the law does not deem the landlord as a person requiring a high level of protection - this is clear from the RTA generally.

The landlord is not required to accept the proposed tenant but the law, to my reading, is framed in a manner that if the landlord chooses not to accept the proposed assignment, he has no further claim on the tenant. That being said, he still has the deposit so it is always best for the parties to come to an agreeable solution.

This is where the interpretation of what is intended in the RTA is at odds. This is why I asked if there were examples from the PRTB where it showed what the interpretation is intended to be.

Assignment in commercial leases has the 'reasonable' qualifier attached to it and, as the law is murky here, I'd say the 'reasonable' test is also applicable in private residential leases. I am not a lawyer and this is a lay person's reading of the situation.

What's the point of a lease in the landlord's eyes if the tenant can walk away by proposing some randomer anytime they like?

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