Taking on lease

medi_bai

Hi, was wondering if anyone could give me some advice/point me in the right direction. Myself and my current housemate signed a lease back in January, lease states can leave after 6 months with a months notice etc.

My housemate now wants to leave, and I want to take on the entire lease myself. If I do this, is the current lease still valid at the agreed rates & my part 4 rights stay intact etc?

thanks in advance for any help!

Michael D Not Higgins

Yes your part 4 rights are unaffected if you take on the tenancy alone rather than jointly with your current housemate.

medi_bai

Great, I also assume that the landlord cannot increase my rent. Last increase was January 2015, so I assume I cannot see an increase until January 2017 if I take the lease alone?

I suppose that what I am trying to ask is if I take on the lease alone, does it run exactly as before? The only difference being that now I am wholly responsible. Also has the landlord the right to refuse this request?

Michael D Not Higgins

medi_bai wrote: »

Great, I also assume that the landlord cannot increase my rent. Last increase was January 2015, so I assume I cannot see an increase until January 2017 if I take the lease alone?

I suppose that what I am trying to ask is if I take on the lease alone, does it run exactly as before? The only difference being that now I am wholly responsible. Also has the landlord the right to refuse this request?

When did your tenancy start? The one month's notice would not be applicable via the clause in the lease as you cannot agree shorter notice than what's required in law in advance. You may however agree shorter notice by mutual agreement at the time of giving notice.

Really, you're breaking a lease (well your housemate is) and asking for an assignment of the lease to just you. The landlord may refuse this request but you would be entitled to leave without penalty with the proper notice.

Realistically, the landlord should be happy to facilitate as long as the rent isn't above your means and he expects you to not be able to pay it. Were you planning on getting another housemate?

medi_bai

Timeline is like this: my housemate was living with another guy for about a year, in November 2015 I moved in alongside him on a 2 month lease at 600 euro. In January a new lease was made up which we cosigned, increasing rent to 650 a month.

Means wise, I'm sure he'd have no reason to assume I could not sustain it as I had given a reference from my employer when I began the lease stating that I am a permanent pensionable employee.

Michael D Not Higgins

It sounds like your landlord is keeping it fairly casual. See what he says when you suggest it. It's probably best to come to a mutual agreement rather than an argument over rights and responsibilities. I'd say there'll be no issues though, from what you've described the landlord is used to a bit of a revolving door of tenants.