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Leaving rent agreement early

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  • 07-07-2018 2:03pm
    #1
    Registered Users Posts: 75 ✭✭


    Due to a change of circumstance, I need to leave my current rental early. Been here over 3 years, current lease is till January and can afford to stay another 3 months but can also move home immediately.

    anyone any experience on how to best approach management company?


Comments

  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Read the section about assignment here:

    https://onestopshop.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/subletting-and-assignment/

    Of particular relevence:

    Assignment can only take place with the consent of the landlord. Where a landlord refuses an assignment of a fixed term tenancy, a tenant can serve a notice of termination on the landlord.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    While you are liable for the remainder of the lease, it’s worth noting that with the current rental market they will probably have no issue in renting it again.

    Probably worth having a chat with the management company to see if they’re open to you leaving early. Read your lease first to see what, if any, break clauses exist.


  • Registered Users Posts: 1,701 ✭✭✭dennyk


    Yep, first step is to check the lease, see if it offers any way for you to terminate early. If not, then you can find a new prospective tenant yourself and ask the landlord for permission to assign the lease to them or to allow you to sublet to them. If the landlord refuses permission to assign or sublet, you are then allowed terminate your fixed term lease early with the required statutory notice period (based on the total length of your tenancy) without penalty.

    If they allow it, then under an assignment, the new tenant becomes the landlord's tenant directly and you have no further obligation, while under a sublet, you become the new tenant's effective landlord and you remain obligated to your own landlord for your own rent payments for the property (regardless of whether your subtenant pays you on time or not).


  • Registered Users Posts: 75 ✭✭thatboy1


    Appreciate the feedback. Definitely seems less daunting approaching them now.


  • Registered Users Posts: 56 ✭✭HappySerious


    thatboy1 wrote: »
    Appreciate the feedback. Definitely seems less daunting approaching them now.

    I left a lease early due to a job opportunity. I sent the relevant letter to the landlord requesting to leave and assign the tenancy. The landlord said no problem so we gave another letter with our notice. He said he wanted to find tenants himself so we said no problem. We had offered him free reign to let people view the place while we were still there but he had said he only wanted to show when it was empty and we had moved out.

    On the day we moved out the landlord said he was going to hold onto and deduct from the deposit for as long as it took him to find new tenants (at a higher rent, and for them to decide when they wanted to move in (not long as it turned out). Because of the letters the RTB found against him and he had to pay it all back.

    Just make sure everything is above board and you have nothing to worry about. Use the template letters on RTB / threshold websites.


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  • Registered Users Posts: 657 ✭✭✭optimistic_


    While all of the above is technically correct - You have no need to go sending official letters asking to assign.

    Ring the landlord, tell him the situation. Let him know you'd like to leave early. I've broken leases early for various reasons. Always with the consent of the landlord after talking to them, it's too much of a mess for most landlords to bother with letting you assign the lease.

    You will get your deposit back as well.

    This forum is riddled with "experts" - Just talk to your landlord. You'll be grand.


  • Registered Users Posts: 56 ✭✭HappySerious


    While all of the above is technically correct - You have no need to go sending official letters asking to assign.

    Ring the landlord, tell him the situation. Let him know you'd like to leave early. I've broken leases early for various reasons. Always with the consent of the landlord after talking to them, it's too much of a mess for most landlords to bother with letting you assign the lease.

    You will get your deposit back as well.

    This forum is riddled with "experts" - Just talk to your landlord. You'll be grand.

    I talked to my landlord, everything was grand. Until moving day when he came out with the garbage he did. Not everyone is honest. If I hadnt gone the official route as well i would have had no comeback.

    Do both. Talk to them and then send the letter and you can tell them you'll send it for formality or whatever. The landlord will want to find a tenant themselves but they can also keep your deposit if they want unless its in writing.


  • Registered Users Posts: 896 ✭✭✭paulieeye


    I've done this 3 times with different landlords over the years, once I told them with enough notice everything was fine and got deposit back. Especially since you've been there 3 years, I doubt they would have an issue


  • Registered Users Posts: 75 ✭✭thatboy1


    paulieeye wrote: »
    I've done this 3 times with different landlords over the years, once I told them with enough notice everything was fine and got deposit back. Especially since you've been there 3 years, I doubt they would have an issue

    Thanks all. Calling landlord today. Will update


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