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Question re leases

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  • 27-04-2017 9:15pm
    #1
    herbieflowers
    Registered Users Posts: 2,604 ✭✭✭


    Hello, just wondering if anyone can clue me in a little.

    At the moment , I'm living in a two bed flat. My housemate's name is on the lease as well as the electric, internet, council tax, etc. The lease runs till the start of August.

    I had planned to move out at the end of June (moving cities) and my housemate was planning the same as she wants to find a different place.

    Long story short, she's found a one bed that she is hoping to move into next week. She needs to give a month's notice on the place we're in at the moment which takes us more or less to the start of June.

    She has suggested my taking on the lease for one month (June). I'm not sure if this is doable. It also seems a lot of hassle for one month. If I don't take the lease on, she says the house will go back on the market and I'm left needing to find a place for a month.

    Ideally I'd like to stay here till the end of June (as planned), does anyone have any other solution?

    Thanks in advance.


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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    herbieflowers wrote: »
    Hello, just wondering if anyone can clue me in a little.

    At the moment , I'm living in a two bed flat. My housemate's name is on the lease as well as the electric, internet, council tax, etc. The lease runs till the start of August.

    I had planned to move out at the end of June (moving cities) and my housemate was planning the same as she wants to find a different place.

    Long story short, she's found a one bed that she is hoping to move into next week. She needs to give a month's notice on the place we're in at the moment which takes us more or less to the start of June.

    She has suggested my taking on the lease for one month (June). I'm not sure if this is doable. It also seems a lot of hassle for one month. If I don't take the lease on, she says the house will go back on the market and I'm left needing to find a place for a month.

    Ideally I'd like to stay here till the end of June (as planned), does anyone have any other solution?

    Thanks in advance.

    There is no need for you to take on the lease. You can just pay the rent for the month of June and leave the lease as it is. You can both give 4 weeks notice at the start of June.


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    #3
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    You can't just take the lease on without the landlords agreement. The landlord may not be willing to let you do this for just two months and might ask for you to sign a longer one.

    The other housemate can just give two months notice and then you stay on, on your own, and pay the rent up until the end. The landlord will appreciate the extra notice and doesn't need to know the original lessee has actually moved out.

    If the other housemate is worried about being stuffed for the rent, you could pay the two months upfront to the landlord and then nobody needs worry about that.


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    #4
    herbieflowers
    Registered Users Posts: 2,604 ✭✭✭herbieflowers


    seamus wrote: »
    .

    The other housemate can just give two months notice and then you stay on, on your own, and pay the rent up until the end. The landlord will appreciate the extra notice and doesn't need to know the original lessee has actually moved out.

    If the other housemate is worried about being stuffed for the rent, you could pay the two months upfront to the landlord and then nobody needs worry about that.

    Thank you for your reply.

    Just to clarify:
    - she gives two months notice and moves out
    - I pay the rent for the whole place for the last two months


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    #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    herbieflowers wrote: »
    Thank you for your reply.

    Just to clarify:
    - she gives two months notice and moves out
    - I pay the rent for the whole place for the last two months

    It would seem that she should pay half rent from one month and you should pay the full rent for one month.


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    #6
    herbieflowers
    Registered Users Posts: 2,604 ✭✭✭herbieflowers


    4ensic15 wrote: »
    It would seem that she should pay half rent from one month and you should pay the full rent for one month.

    Got ya. Thanks for your help. :)


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    #7
    myshirt
    Registered Users Posts: 5,245 ✭✭✭myshirt


    This girl needs to pay up to the expiration of her notice period.

    It appears she wants it every way and​ any way. Yes it's a kick in the pants to be double renting for a period, but if she wants to move out within a week she has to take that hit to the arse pocket.


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    #8
    herbieflowers
    Registered Users Posts: 2,604 ✭✭✭herbieflowers


    4ensic15 wrote: »
    She is already prepared to pay for a month she will not be there.

    Yes, this is it. The issue was with what would happen after the expiration of her notice period re the lease.


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    #9
    FishOnABike
    Registered Users Posts: 4,474 ✭✭✭FishOnABike


    It sounds as if you have both signed a fixed term lease. Unless there is a break clause which allows early termination of the lease you may both be liable for the rent until the end of the fixed term (i.e. August).

    What country are you in, as you mention council tax, tenancy legislation may differ depending on where you are renting.


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    #10
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Council Tax? Where are you located OP?


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    #11
    Mellor
    Registered Users Posts: 39,347 ✭✭✭✭Mellor


    myshirt wrote: »
    This girl needs to pay up to the expiration of her notice period.

    It appears she wants it every way and​ any way. Yes it's a kick in the pants to be double renting for a period, but if she wants to move out within a week she has to take that hit to the arse pocket.
    She wants to move out next week, but will pay rent for the 1 month notice period.
    4ensic15 wrote: »
    There is no need for you to take on the lease. You can just pay the rent for the month of June and leave the lease as it is. You can both give 4 weeks notice at the start of June.
    hat's only the case if the lease holder is content with leaving the property in her name while she isn't living there. Given the fact that she wants the OP to take over the lease, I guess that isn't the case.
    She probably wants to get her bond/deposit back when she leaves, rather than leaving it outside her control.

    OP my all means make the offer to pay the rent for the extra month yourself and if she's happy with that go for it. But if she is looking for a bond refund off you, make sure that you are confidant you'll get a full amount back from landlord. It's not uncommon for the last person that leaves to take a hit in those situations.

    Also, The lease runs till the start of August sounds like a fixed term lease. Which usually means you can't give notice to vacate before the end of the term. She might not have to option of giving less than 2 months notice, in which case you shouldn't be paying any extra rent.


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