Fixed-term lease and sub-letting

newuser998

I want to leave my current lease at the end of next month (rental month begins June 5th). The fixed term lease which I've signed along with my two housemates expires on October 4th or 5th. I've floated the idea of quietly subletting my room for the four months between June 5th and the end of the lease. One of my housemates doesn't seem keen on this. She may leave me no option but to request from the letting agency for my lease to be reassigned, for to allow me to sublet, in accordance with Section 186 of the Residential Tenancies Act. If the landlord refuses, which I expect he will given subletting is expressly forbidden in the lease, I can issue 35 days notice to terminate the lease. My question is: does this action terminate the lease for just me, or does it terminate the entire lease for everyone involved? One housemate doesn't care if I quietly sublet the room. It's the other housemate that's potentially making things difficult.

To reiterate my question: does the termination affect just me, or does it terminate the entire lease?

Magicmatilda

Does the fixed term lease have a break clause that allows for termination? Most don't in which case you cannot terminate it. However if it does then it would terminate the whole lease, letting agent may allow the sub let if you find a suitable candidate.

newuser998

Magicmatilda wrote: »

Does the fixed term lease have a break clause that allows for termination? Most don't in which case you cannot terminate it. However if it does then it would terminate the whole lease, letting agent may allow the sub let if you find a suitable candidate.

Does it matter if it does or does not? According to Section 186 of the Residential Tenancies Act (2004), I can terminate the lease if the landlord refuses my request for reassignment or sublet, "despite anything to the contrary in the lease or tenancy agreement concerned."

irishstatutebook.ie/2004/en/act/pub/0027/sec0186.html

I suspect my request will be denied. So I'd like to know if the termination allies solely to me, and the lease would continue to exist between the landlord and my housemates, or if my actions would terminate the lease in its entirety for all involved.

newuser998

Magicmatilda wrote: »

Does the fixed term lease have a break clause that allows for termination? Most don't in which case you cannot terminate it. However if it does then it would terminate the whole lease, letting agent may allow the sub let if you find a suitable candidate.

Does it matter if it does or does not? According to Section 186 of the Residential Tenancies Act (2004), I can terminate the lease if the landlord refuses my request for reassignment or sublet, "despite anything to the contrary in the lease or tenancy agreement concerned."

irishstatutebook.ie/2004/en/act/pub/0027/sec0186.html

I suspect my request will be denied. So I'd like to know if the termination appies solely to me, and the lease would continue to exist between the landlord and my housemates, or if my actions would terminate the lease in its entirety for all involved.

Graham

Would Section 186 of the Residential Tenancies Act be applicable if only 1 party to a joint lease wishes to apply it?

AfterHrsProp

If all three of ye signed the lease, the other two tenants would be expected to fulfill the remainder of the lease. You can forget about receiving your deposit & any references from the landlord/letting agency. Its unlikely they would pursue you for the remainder of the lease as this wouldnt worthwhile legally speaking.

What to do with the room subsequent to your departure would be down to the landlord & remaining tenants

newuser998

AfterHrsProp wrote: »

If all three of ye signed the lease, the other two tenants would be expected to fulfill the remainder of the lease. You can forget about receiving your deposit & any references from the landlord/letting agency. Its unlikely they would pursue you for the remainder of the lease as this wouldnt worthwhile legally speaking.

What to do with the room subsequent to your departure would be down to the landlord & remaining tenants

From what I understand, the landlord cannot hold my deposit for my having terminated the lease in accordance with the law. He can only deduct for exceptional wear and tear or other damages.

How could he pursue me if I broke the lease in accordance with the law?

Graham

newuser998 wrote: »

From what I understand, the landlord cannot hold my deposit for my having terminated the lease in accordance with the law. He can only deduct for exceptional wear and tear or other damages.

How could he pursue me if I broke the lease in accordance with the law?

I don't see how you can terminate the lease on behalf of the JOINT leaseholders. In fact I can't see how you could terminate the lease anyway, it's a lease. You could probably agree to get it reassigned under S186 but I can't see how you can do that without the agreement of the other joint leaseholders.

newuser998

Graham wrote: »

I don't see how you can terminate the lease on behalf of the JOINT leaseholders.

That was my original question.

Can I use Section 186 at all? Does it require all signatories of the lease to act in concordance? If so, then it's of no use to me. If not, then would my actions affect me solely, or would it affect the lease as a whole (and thus affect my housemates)? I can't seem to find concrete information online.

AfterHrsProp

But you are not acting in accordance with the law.

In order for you to re-assign or sublet your side of the lease, it must be reasonable & satisfy the interests of all parties involved sufficiently. This doesnt even seem to be the case with one of your own flatmates.