Can someone explain leases to me?

tech77

Hi.
Sorry if this is a basic question but i thought i understood how they work- now i'm not so sure.

I'm thinking of moving into an apartment- one person there is moving out and the other person living there at the moment said there would be a 1 year lease.
Does that mean i would become the lease-holder/or would i hold the lease jointly with the person already there.
Or should it be the case that the person already living there is the main lease holder.
Or are there such things as main lease holders/joint lease holders.

And what does holding a lease basically mean.
Is it just that if you wanted to move out before the contract is up, you'd need to pay out the contract for the rest of the year.
Or failing that, (if you're allowed to by the lease, that is), get someone else in instead of you).

I appreciate any advice?
Thanks.

pinkypinky

The situation you are in could be one of two ways:

1) you become a joint lease holder with the person staying on in the apartment; your future flatmate

2) you sub-let from the person you are replacing until the year's lease is up, then if you decide to stay a second year, you would become a joint lease holder with your flatmate.

A lease is an agreement between parties. Usually there will be something called a break clause which allows for the circumstances in which the lease can broken. It might say that you are required (for example) to give 28 days notice of leaving. This can happen before the end of a lease. Since you seem to be replacing someone who has a lease at the moment, I would say you could sub-let yourself but only if option 1 above is the case.

tech77

pinkypinky wrote: »

The situation you are in could be one of two ways:

1) you become a joint lease holder with the person staying on in the apartment; your future flatmate

2) you sub-let from the person you are replacing until the year's lease is up, then if you decide to stay a second year, you would become a joint lease holder with your flatmate.

A lease is an agreement between parties. Usually there will be something called a break clause which allows for the circumstances in which the lease can broken. It might say that you are required (for example) to give 28 days notice of leaving. This can happen before the end of a lease. Since you seem to be replacing someone who has a lease at the moment, I would say you could sub-let yourself but only if option 1 above is the case.

OK thanks.
I take it one of the important things to do so is to ensure anyone i move in with has signed the lease as well as joint lease-holders- i don't want to become the sole lease holder i suppose.
The break clause- i gather the details of this clause varies a lot from lease to lease, does it- ie some break clauses allowing you to get someone in if you want to leave and some not allowing this at all (ie demanding only payment of full contract).
Thanks again.

karen3212

tech77 wrote: »

OK thanks.

The break clause- i gather the details of this clause varies a lot from lease to lease, does it- ie some break clauses allowing you to get someone in if you want to leave and some not allowing this at all (ie demanding only payment of full contract).
Thanks again.

If you want to leave and sublet, the landlord has to allow you to do this, otherwise he is in breech of his obligations, and you can give notice anyway.


I think that notice is dependant on how long you have been in the property?????Please check the notice perhaps with Threshold.


You can put whatever you like in the break-clauses but if they are illegal to the tenant under the 2004 Act, then the tenant can use the Act to protect him/herself.

from http://www.prtb.ie/act.htm

A tenant on the other hand may exercise a break clause provided for in a fixed term tenancy agreement, where it has been agreed between the landlord and the tenant. There is nothing in the Act preventing the tenant from doing so, unlike Part 4 in the scenario where the landlord seeks to terminate the tenancy.

sorella

Please, make sure that any tenancy you sign for is registered with the PTRB; many are still not and landlords can be heavily fined for not registering a property they are renting out. Theshhold is a wonderful organisation who will advise by phone expertly.