Breaking a Lease

That Dave Fella

Hey there,

I'm not sure if this is the right forum for this but I just had a few questions about leases.

I'm currently signed into a 12 month lease of which 4 or so months remain. The place I live in I can't stand because it's a load of crap, the walls are made of paper, I can hear everything the people above and around me do and I don't really talk to my housemate because we don't really share interests.

I'd like to move out as soon as possible and find somewhere new to live but I don't know what happens if you break a lease.

I don't have a copy handy to check and see if there's any clauses in it that would let me leave after giving the appropriate notice. If I leave I know I'll be giving up my deposit unless I find someone to replace me and they pay me my deposit.

What's the worst that can happen if I basically tell my housemate/landlady that I'm leaving in 1 months time.

viper006

Dave,

ive had that problem before mate and it depends if its through an agency or landlady themselevs...If an agency, generally you lose your deposit as that helps pay for the man hours associated with relisting house and it being empty etc but even in some circumstances if you can get someone lined up willing to sign a new lease they might leave you off but generally your deposit goes in that instance..even worse if some cases you will lose you deposit and pay the rent til they get someone else in as well but this is rarley enforced in my experience..

with landlords themselves ive left leases early plenty of times and normally as long ive i get someone else in when i move out (daft.ie ) its cool and ive always got my cash back, landlord usually happy to have room full again so if she reasonable at all id tell her your leaving and youl get someone else in instead!! hope this helps!!

That Dave Fella

I think she's reasonable enough because before I lived there it was my current housemate and his wife who moved to Australia for a job which resulted in me getting the room.

I'll see what she says because my housemate is planning on leaving at the end of the lease to move to Australia, well that's what he told me. So it'd be someone moving into a lease for 4 months ish.

MCMT

Dave, you're entitled by law to get your full deposit back as long as you give full notice and replace yourself. This is called assignement of the lease and is dealt with in Sec 186 (or 189 - can't remember off the top of my head) of the Residential Properties Act 2004.

I think the first thing you need to do is speak with your landlord and let them know what you're thinking. Then, if you're set on moving out, request assignment of the lease in writing. Find the replacement for your landlord's review. Finally give your written notice (you'll have to give 35 days notice because you've been there 6 months+).

Anyway, that's the legit way of doing it (i.e. the way you need to go about it if you think your landlord is likely to try to keep your deposit/you're dealing with an agency). But it sounds like your landlord is sound so just have a chat and I'm sure s/he'll agree to it as long as they're not losing out on rent.

Best of luck.