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Subletting - 'lease' required?

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  • 11-01-2017 8:28am
    #1
    tuisginideach
    Registered Users Posts: 2,067 ✭✭✭


    A student tenant has moved abroad for a few months and has sublet his room with my permission. Do I need to get the new tenant to sign a lease or is the original tenant 100% 'responsible' for him - not quite sure what I need to do. Thanks for help.


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    #2
    Peregrinus
    Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    If it's a subletting, any lease would be between the tenant and the subtenant. You might sign it by way of signifying your consent, assuming the lease between you and your tenant requires consent to subletting. Under a sublease, the original tenant remains responsible to you for payment of rent, compliance with covenants, etc. If the subtenant fails to pay the rent or damages the property that's (in theory) the tenant's problem, not yours.

    The alternative arrangement would be an assignment, under which tenant A transfers his tenancy interest in the property to tenant B. This requires your argeement, and would normally be documented in writing signed by all three of you. Under an assignment, tenant B is directly responsible to you for the rent, compliance with covenants, etc, and tenant A is out of the loop.

    It's important that you, tenant A and tenant B should all have the same understanding of whether this is a subletting or an assignment, and even if only for that reason its wise to have something in writing.


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    #3
    tuisginideach
    Registered Users Posts: 2,067 ✭✭✭tuisginideach


    Thanks v much Peregrinus.


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    #4
    eoinola
    Registered Users Posts: 112 ✭✭eoinola


    on this - if I sublet a room to another tenant in the house (as agreed with the landlord) do i have to register the lease with the RTB?


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    #5
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    eoinola wrote: »
    on this - if I sublet a room to another tenant in the house (as agreed with the landlord) do i have to register the lease with the RTB?

    No, you are the head tenant, they are licensees. It is not a tenancy, but a licence.


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