Lease reassignment charge (246 euro)

spalpeen · 05-01-2023 2:48pm #1

Hi all,

Moved into a new rental and got this tidbit at the bottom of the email

'Please note there is an administration charge of €200 + VAT (€246) payable to reassign the lease agreement'

Does this seem extortionate? I imagine they will have to register me for the prtb but it seems mad. Should I push back?

Gumbo · 05-01-2023 4:29pm

RTB registration is €40.

But then again, as a small LL, I put down as a cost to me. But people screamed for professional LL’s, so here you have it, costs been transferred to the tenant. I’m assuming the LL is charging the RTB fee plus an admin charge for the time it takes to process the RTB registration including printing etc

05-01-2023 4:30pm

Don’t forget, assignment can only happen with the LLs consent, he/she has a right to refuse your assignment.

spalpeen · 05-01-2023 5:21pm

so basically im screwed and have no recourse ?

DFB-D · 05-01-2023 6:54pm

https://www.boards.ie/discussion/comment/120070117#Comment_120070117

In what way?

Reassigning leases is not very common, basically it means you have left before your minimum term ends and found a replacement tenant.

If the landlord refuses the assignment, you can give notice in line with the act.

Charging would be a refusal? I suppose that is the question....

05-01-2023 6:59pm

https://www.boards.ie/discussion/comment/120070567#Comment_120070567

Think the op is moving in, not out.

DFB-D · 05-01-2023 8:20pm

https://www.boards.ie/discussion/comment/120070589#Comment_120070589

If they are charging the new person, that would be pretty novel, wouldn't surprise me to be honest 😂

spalpeen · 05-01-2023 8:35pm

I am moving in. Maybe the person moving out should be paying that ?

poker2k9 · 05-01-2023 8:38pm

https://www.boards.ie/discussion/comment/120070985#Comment_120070985

Tbh looks more like a notice for you that if you decide to break the lease and move someone else in before the end of your own term it would cost that amount. I don't believe LL is wanting you pay that to move in iirc.

05-01-2023 8:39pm

Yep it's if you reassign the lease to someone else (by leaving before the 12 months (or whatever length you agreed to)

You won't pay it moving in as it's a new lease.

05-01-2023 8:50pm

https://www.boards.ie/discussion/comment/120071013#Comment_120071013

It’s the same lease.

Just to be clear, a tenant assigns (not reassigns) their interest in a tenancy when they leave and a replacement tenant moves in. The terms of the existing lease remains the same. A LL can refuse assignment, if he/she does, then a tenant who has a fixed term lease can break it an leave.

In the op’s case, the EA, cheekily, is charging for altering the name on the existing lease to reflect the fact that a tenant had left, and been replaced. Whether the EA can charge both parties, the LL for representing him/her, and the new tenant, for adding their name to the lease is not clear.

05-01-2023 8:54pm

Hmm maybe I misunderstood.

Is the OP moving into a houseshare, or is the OP moving into an apartment by themselves?

I have the same clause on my lease but it's only if I left within the first 12 months and was reassigning the lease

05-01-2023 8:55pm

https://www.boards.ie/discussion/comment/120071084#Comment_120071084

If the lease is being assigned by another tenant, is there a difference?

05-01-2023 8:57pm

From my understanding no, regardless the person moving in wouldn't be paying it. But the person moving out would pay it if they are breaking their minimum lease term.

Is the OP actually being asked to pay it or just spotted it in the lease

05-01-2023 9:01pm

https://www.boards.ie/discussion/comment/120071100#Comment_120071100

There is no requirement for the tenant moving out to pay it, and the tenant has a legal right to assign their interest in a lease, but the LL is not legally required to consent to it.

In a fixed term lease, the tenant can inform the LL they are assigning the lease, the LL can refuse permission, but if he/she does, the tenant can walk away from the fixed term lease before the term ends.