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Terminating lease

  • 24-11-2011 8:38pm
    #1
    mistee
    Registered Users, Registered Users 2 Posts: 37 ✭


    Hi
    I am wondering where I stand on this matter - I know I am in a tricky situation. I have a year lease on my house when is up next August - but unfortunally I have no work at the moment and I am seriously struggling to pay rent and bills. Is there any way of terminating the lease at this stage.


Comments

  • #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    mistee wrote: »
    Hi
    I am wondering where I stand on this matter - I know I am in a tricky situation. I have a year lease on my house when is up next August - but unfortunally I have no work at the moment and I am seriously struggling to pay rent and bills. Is there any way of terminating the lease at this stage.

    mistee, you should have started a new thread, not resurrect an old one. Perhaps the mods can split the thread.

    Much of the info given in the previous posts is incorrect.

    PLEASE DO NOT CONFUSE A FIXED TERM LEASE WITH A PART 4 LEASE - THEY ARE TREATED DIFFERENTLY.

    If you have a FIXED TERM lease, you cannot break it because you are in financial difficulty. A fixed term lease is just that - it runs for the full length of the term, USUALLY 12 MONTHS.

    There are three ways to get out of a fixed term lease and retain your deposit in full:
    1. If there is a break clause in the lease.
    2. If the landlord fails in his obligations as regards the tenants or the property.
    3. You can assign the lease to another person who then takes over all the responsibilities of the lease.

    Your best option is no. 3 - assign the lease to someone else (who must be acceptable by the landlord). It is your responsibility to find the new tenant. If the landlord has to find the new tenant he has the right to seek reimbursement from you for his reasonable expenses (he should provide receipts). You must advise the landlord that you want to assign the lease - if he refuses, you can just leave (with sufficient notice) and retain your full deposit (assuming there is no damage or outstanding bills etc.

    If you have a PART 4 lease, you may terminate the lease by giving the required notice period in the prescribed manner (the PRTB website has an example of a Notice of Termination). If you have been in occupation for less than 6 month you must give 28 days notice. Occupation of between 6 months but less than 1 year requires 35 days notice. Longer occupation requires more notice.


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