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Another termination query

  • 22-06-2012 4:27pm
    #1
    spottykatt
    Registered Users, Registered Users 2 Posts: 59 ✭✭


    Hi, hope someone can clarify this for me.

    Basically I moved into an apartment in September 2011 and signed a one year lease. I now need to move for work reasons.
    Initially I contacted my landlord to see if I could sublet or would he let me terminate early if I paid for advertising etc. Both were refused but he offered The following -basically I pay to end Aug (one month early) but I return the keys now. That sounded like a total mess to me as id still be in a contract and paying when potentially someone else who i havent picked could be living there. Id prefer to pay till sept and keep the keys if that was the only choice as at least i would know tge place isnt being trashed when its vacant.(my landlord is pedantic)
    However i got some advice and went down the route of asking to assign the lease (in writing). Following written refusal I have issued a termination notice and given 35days notice...but haven't heard a dickie bird back..

    Can anyone confirm that everything I've done to date is legit? And should I contact my landlord again or just sit and sweat it out?...

    Thanks :)


Comments

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


    If you have been refused permission to assign the remainder of the lease, then you are free to leave after the required notice and have your deposit returned in full, excepting damage beyond normal wear and tear.

    If the landlord agrees to an assignment, then you should find the new tenant at your expense (as you are breaking the lease). If you do not find a new tenant, the landlord is entitled to any reasonable expenses that he incurs in doing so.

    You could quote him the relevant part from the Residential Tenancies Act 2004:
    186.—(1) This section has effect—
    (a) despite the fact that the tenancy concerned is one for a fixed period, and
    (b) despite anything to the contrary in the lease or tenancy agreement concerned.
    (2) If a landlord of a dwelling refuses his or her consent to an assignment or sub-letting of the tenancy concerned by the tenant, the tenant may serve a notice of termination in respect of the tenancy and terminate it accordingly.


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