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84 days notice to leave apartment.

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    #32
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    If one flat mate moves out the other is / could be responsible for all of the rent! So moving early may not be such a good idea if they want to remain friends. Is there some bad blood between the LL and one of the tenants? Kind of odd sticking to the letter of the law when there is such demand and it can easily be relet.


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    #33
    JackieChang
    Registered Users Posts: 1,494 ✭✭✭JackieChang


    There's no bad blood that I know of. As I said, apartment has cheap rent and is in a very lucrative area. Landlord could up the price significantly if both of them were moved out.

    That's the only reason I can think of why she refused the assignment. The person was found and rent isn't due for another three weeks. Would have been seamless.

    This girl has been there 4+ years, very trustworthy tenant.


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    #34
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    davindub wrote: »
    Just replace the tenant and inform the landlord rather than ask permission & let the landlord make their case. FLAC might be able to advise on this more, see the link below, there is a paragraph written on the subject.

    https://www.flac.ie/download/pdf/landlord_and_tenant2016.pdf

    Like it or not, the LL has the right to refuse assignment and the tenants have the right to terminate lease as a result. If the ops mate takes your advice, eviction notice will be issued for breach of lease and the ops mate will, after a drawn out process, be evicted. In Dublin, references are an absolute necessity, there is no argument about that. No reference, no chance of a future let.


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    #35
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    davo10 wrote: »
    Like it or not, the LL has the right to refuse assignment and the tenants have the right to terminate lease as a result. If the ops mate takes your advice, eviction notice will be issued for breach of lease and the ops mate will, after a drawn out process, be evicted. In Dublin, references are an absolute necessity, there is no argument about that. No reference, no chance of a future let.

    It's not "assignment of the tenancy" if there is one tenant remaining, the tenancy is for the entire property shared by the tenants.

    Of course, the OP's mate should read publications like the FLAC guide, the RTB act and get advice from FLAC or Threshold or legal advice.


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    #36
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Fian wrote: »
    No the section 66 periods apply according to that - but not the full duration of the lease or any notice requirements in the lease.

    I had understood it to be different (termination with no notice) but based on memory which may be mistaken, I guess the legislation will set it out if you check. I am sure I have seen previous threads on the issue in this forum if you want to check back and find them.

    In any case she needs to serve notice of termination before any of this starts.

    There's no immediate termination, you have to give notice. I'd say the agent has tried to be helpful by accepting the request to assign and refusal by the landlord as such notice to minimise the turnaround and given the date that applies.

    In this case I'd advise still trying to agree shorter notice so she doesn't have to pay for time she doesn't want to live there anymore.


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    #37
    Ardent
    Registered Users Posts: 5,290 ✭✭✭Ardent


    Michael D Not Higgins wrote: »
    Unfortunately the landlord is not required to accept an assignment.

    What do you mean by "unfortunately"? It would be wrong to strong-arm a landlord into such a thing.


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    #38
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Ardent wrote: »
    What do you mean by "unfortunately"? It would be wrong to strong-arm a landlord into such a thing.

    It's sympathetic to the OP's friend's situation, not an opinion of whether the law is fair.


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    #39
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    davindub wrote: »
    It's not "assignment of the tenancy" if there is one tenant remaining, the tenancy is for the entire property shared by the tenants.

    Of course, the OP's mate should read publications like the FLAC guide, the RTB act and get advice from FLAC or Threshold or legal advice.

    There is a proposed assignment of one person's interest in the tenancy.


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