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Am I entitled to leave my lease?

  • 25-02-2009 4:12pm
    #1
    Locomotion
    Closed Accounts Posts: 263 ✭✭


    I have been renting since October 2007. In June 2008, we decided that we'd definitely wanna stay in the apartment for another year and wanted to get broadband etc. (which required a minimum 12 month contract) so in case the landlord was planning on selling the property / increasing the rent substantially in October 2008, we agreed to sign a one year extension on our lease in June 2008 effective from October 2008. So we're now tied in until October 2009 and now all three of us who are renting have fallen on rough times.

    Are we entitled to give notice with the fixed term contract in place?

    I was looking on threshold.ie and it said that if you're in a fixed term contract, you can sublet the property by telling the landlord in advance that you'll be doing this. If they refuse to allow you to sublet it, then you can hand in your 42 days notice and then leave.

    The problem is that the landlord has stipulated in our origninal lease that we cannot sublet the property.

    Does this mean that we can automatically hand in our 42 days notice? Or does it mean we're stuck here til the expiration of our lease in October 2009?

    Thanks for any and all help!


Comments

  • #2
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Locomotion wrote: »
    so in case the landlord was planning on selling the property / increasing the rent substantially in October 2008, we agreed to sign a one year extension on our lease in June 2008 effective from October 2008. So we're now tied in until October 2009 and now all three of us who are renting have fallen on rough times.
    Others can correct me if I'm wrong, but I'm pretty sure he can do these even though you signed a lease. Just for future reference. As for the 42 day thing, ask him first. In these times, rent is rent. That, or ask if you got tenants to fill the house in your place, would it be ok: would save the landlord the hassle of looking themselves.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    You have certain rights under the Residential Tenancies Act that can't be removed by a lease. I suspect subletting is one of the, i.e. I don't think you can be prevented from sub-letting. You will need to read up on this.

    Options:
    Ask for a rent reduction - not unreasonable in current circumstances

    Tell the landlord that you want to sublet. If they refuse, you can give notice.


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