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Lease agreement Versus Tenancies act

  • 07-08-2012 11:49am
    #1
    duploelabs
    Registered Users, Registered Users 2 Posts: 11,985 ✭✭✭✭


    Which one trumps the other?
    Have a lease signed for 12 months but need to break it (4 months in) and have found a clause that allows me to in the residential tenancies act but do not have any break clauses in the lease.


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    duploelabs wrote: »
    Which one trumps the other?
    Have a lease signed for 12 months but need to break it (4 months in) and have found a clause that allows me to in the residential tenancies act but do not have any break clauses in the lease.


    Which clause is it?


  • #3
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Fixed term trumps part 4 (which does not come into play until you are in the property 6 months anyway). Unless there is a clause in your fixed term lease which allows you to break it early then anything in the part 4 tenancy does not apply until the 12 months are up.


  • #4
    duploelabs
    Registered Users, Registered Users 2 Posts: 11,985 ✭✭✭✭duploelabs


    Yeah they're not part 4 as it was a year long lease signed in May and I've no break clause either. Has anyone got a tenant amicably to break a lease agreement if they've needed to take possession themselves?


  • #5
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Its doable but I would suggest you are going to have to offer them an incentive. Talk to them and see what they have to say; you never know, they might be charitable about. As a tenant though Id be raging if my landlord wanted me out a few months into a 12 month fixed term lease, and Id be looking for quite a bit of my cash back in order to get me to break the lease.


  • #6
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    djimi wrote: »
    Its doable but I would suggest you are going to have to offer them an incentive. Talk to them and see what they have to say; you never know, they might be charitable about. As a tenant though Id be raging if my landlord wanted me out a few months into a 12 month fixed term lease, and Id be looking for quite a bit of my cash back in order to get me to break the lease.

    If I really really wanted the place back, I'd immediately offer a months rent plus deposit, and be prepared to pay more.


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Are you the landlord or tenant?

    Tenant: You can nominate someone else to take over the lease. The landlord could raise reasonable objections to who - no pyromaniacs need apply. That person would need to be in line with whatever criteria you met when you moved in, e.g. employment, references, etc.

    Landlord: If you are trying to rely on the sections relating to personal use of or selling the property, the lease still protects the tenant. Note that no reason is required in the first 6 months of a Part 4 lease, but the lease you signed trumped this.


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