Asking my landlord permission to sublet.

somethingbleh · 27-09-2022 6:18pm #1

I'll preface this by saying I'm rather fortunate to have a very decent landlord, and historically , I've had plenty of the alternative .

I have to travel abroad for the months of November and December and will be returning in January.

So that's 2 full months where my apartment will be completely empty.

Considering the money I'll be out from travelling and current rental costs, I'm considering of broaching the subject of subletting an Airnbnb type situation /short term situation or even the slimmest possibility of a compromise of some sort.

Any suggestions/tips?

tvjunki · 27-09-2022 6:36pm

Don’t do it. You may find your sub let may stay and you will have no where to go. If they do not pay the rent your are liable. Same with energy as it will be in your name.

If you plan to travel for two months you have budgeted your costs. Be prepared to cover the costs. Don’t forget your rental contract may say you cannot leave the property empty for more than 30 days.

Also if you do Airbnb you will need landlord insurance and declare the rent to Revenue and all that entails.

mrslancaster · 27-09-2022 6:50pm

https://www.boards.ie/discussion/2058265118/asking-my-landlord-permission-to-sublet

Firstly, is it a one bed apartment and are you the only tenant?

If so, it could be risky even if the landlord gives permission, which they shouldn't have a problem with, because you will still be liable for paying the rent to the landlord - you are still the tenant on the lease agreement. You would be acting as landlord to the sub-letter so would need to give valid notice to vacate etc when you want to move back in.

What happens if the sub-letter stops paying rent to you and you still have to pay the landlord even if you're not living there and paying rent somewhere else?

Also, even if there's no issue with the rent, because there's so few places available at the moment, can you be sure the person you sub-let to will leave when you get back?

I don't know how the RTB registration works for sub-letting, does the landlord need to amend the registration details for the new sub-letting tenant or do you need to register the new tenancy? Other posters might know.

It's a bit messy imo. I wouldn't chance it but others might have no problem with it.

Maybe airbnb if the landlord is ok with that.

Del2005 · 28-09-2022 1:03pm

https://www.boards.ie/discussion/2058265118/asking-my-landlord-permission-to-sublet

AirBnB for that long is illegal and the OMC could have other restrictions against short term lettings.

If you are in Part 4 of your tenancy and just "rent a room" your licencee can request to be added to and your landlord can't really refuse.

(7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy may request the landlord of the dwelling to allow him or her to become a tenant of the dwelling.

https://www.irishstatutebook.ie/eli/2004/act/27/section/50/enacted/en/index.html#:~:text=(7)%20A%20person%20who%20is,a%20tenant%20of%20the%20dwelling.

28-09-2022 10:39pm

https://www.boards.ie/discussion/comment/119675763#Comment_119675763

Think that only applies if the lease allows for subletting or the landlord agrees to allow the tenant to sublet. It turns a licensee into a tenant which offers more protections. It's fairly standard in a lease to ban subletting as the landlord would not have an opportunity to vet the licensee, if you get a licensee behind your LL back and they find out there is a good chance youll be issued notice for breach of the lease agreement.

Worth having the conversation with your landlord if ye have a good relationship, you never know they might know somebody themselves that needs a room for a few weeks, but don't be surprised if the LL declines.

meijin · 28-09-2022 11:58pm

https://www.boards.ie/discussion/comment/119678326#Comment_119678326

The licensee is different from subletting, or assignment. See https://ipoa.ie/difference-between-subletting-an-assignment-and-a-licensee/

And more discussion about that on https://www.boards.ie/discussion/2058263104/licensee-renting-troubles

29-09-2022 12:21am

I’m stunned how people can imagine they can sublet without tax implications etc. mind you, there were a ton of primary AirBNB letting folk who feigned ignorance of Revenue.

There are enough dodgy landlords who don’t bother paying tax but who will be knocking rather more loudly on your door if you don’t cough up the rent. If your rent “includes electricity/gas etc” be sure this is a dodgy landlord who has registered meter, eh in spouse’s name, and revenue know it. No long-term landlord includes variables utilities.

29-09-2022 1:19pm

https://www.boards.ie/discussion/comment/119678526#Comment_119678526

Was there something wrong with my use of the terms?

Asking my landlord permission to sublet.

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