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Break fixed-term lease early

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  • 03-11-2015 2:55pm
    #1
    kellyr4
    Registered Users Posts: 39 ✭


    Hi, I am renting a property on a fixed term lease expiring in April 2016.
    I have accepted a job offer in the Middle East starting in January 2016.
    I contacted the property agent today giving 8 weeks notice of my intention to
    leave the property but was advised that as it is a fixed term lease, it is up to
    the property owner to approve the early termination.

    Do I have a leg to stand on here or completely at the mercy of the landlord's goodwill?

    For info, I have been renting the property with my wife and kids since 2011, with a new fixed term lease signed each year.

    Cheers


Comments

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    #2
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    By the letter of the law, you must find someone to assign the rest of the lease to, otherwise you're relying on the good nature of the landlord.


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    #3
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Just find someone reasonable to re-assign the tenancy to. Provided it's a reasonable someone, they owner has to either agree, to let you off the remainder of the lease.


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    #4
    kellyr4
    Registered Users Posts: 39 ✭kellyr4


    Thanks for the swift replies


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    #5
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Mrs OBumble wrote: »
    Just find someone reasonable to re-assign the tenancy to. Provided it's a reasonable someone, they owner has to either agree, to let you off the remainder of the lease.

    or someone not reasonable :cool:


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    #6
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Mrs OBumble wrote: »
    Just find someone reasonable to re-assign the tenancy to. Provided it's a reasonable someone, they owner has to either agree, to let you off the remainder of the lease.

    This is the most recent thread about fixed term leases, I have one with a tenant.
    I'm giving notice to take back the property for my own use.
    Its almost at the end of the fixed term and I know the notice I have to give them, its too late to coincide with the end of the lease now anyway, ive raised this with them verbally and they acknowledged and I know the notice needs to be written, just want to confirm about submitting it before the end of the fixed term?
    As I'd read somewhere here that the notice can't be given before the fixed term is expired, I'm not convinced and would like to confirm this?

    The date is not very convenient for either of us being on the 2nd of january nor does it leave enough time for the notice, ive said I'll allow a few weeks more than the notice to get themselves sorted if needed but they could go earlier if required without a problem. This would then all be still more than the the required notice. I think this is reasonable.

    So can, can I submit the notice before the end of the fixed term?


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    #7
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Tigger wrote: »
    or someone not reasonable :cool:

    The tenant has to be at least as suitable to the landlord- as was the original tenant. Going out and asking a bozo, a hippy, a hipster- or anyone else- who might be viewed as of a lesser desireability as a tenant- that was the original tenant- means you are not fulfilling your obligation.

    The Act itself is vague. Its interpretation at tribunal- has not been.

    Act the maggot- getting anyone at all to assign the lease to- face the consequences (as-in- any costs associated with reletting the property- alongside payment for any vacant periods up to when the original lease was due to end.........

    A fixed term lease- does not supercede the rights and responsibilities of the 2004 Act- it may however accrue greater rights and responsibilities to both parties- from a tenant's perspective- this includes security of tenure- from a landlord's perspective- normally you could specify additional conditions not provided for under the Act.

    The easiest solution is to ask the landlord to relet the property- reassigning for a couple of months- not long enough for a new tenant to accrue Part IV rights- is of only peripheral interest to any legitimate tenant.


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    #8
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    cerastes wrote: »
    This is the most recent thread about fixed term leases, I have one with a tenant.
    I'm giving notice to take back the property for my own use.
    Its almost at the end of the fixed term and I know the notice I have to give them, its too late to coincide with the end of the lease now anyway, ive raised this with them verbally and they acknowledged and I know the notice needs to be written, just want to confirm about submitting it before the end of the fixed term?
    As I'd read somewhere here that the notice can't be given before the fixed term is expired, I'm not convinced and would like to confirm this?

    The date is not very convenient for either of us being on the 2nd of january nor does it leave enough time for the notice, ive said I'll allow a few weeks more than the notice to get themselves sorted if needed but they could go earlier if required without a problem. This would then all be still more than the the required notice. I think this is reasonable.

    So can, can I submit the notice before the end of the fixed term?

    many adjudicators in the PRTB take the view that you can't. If the tenant challenges you you will have to wait for an adjudication hearing and possible appeals to find out.


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