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Getting out of a lease early - buying our own place

  • 27-11-2013 3:41pm
    #1
    strandroad
    Closed Accounts Posts: 4,676 ✭✭✭


    Looks like we're buying our own place, and will need to vacate our rented apartment. We are only a few months into the yearly contract though. How to best approach the agent to to extricate ourselves?

    I understand that in such situations we can offer to reassign/sublet, and if they refuse, the contract is dissolved. If the don't refuse though, can we just stick an ad on daft, prescreen the candidates and present them to the agent for their approval?

    Or can we suggest to cover their relisting fee if they simply release us? It's a really good place and should rent quickly (anyone here in the market for a huge sunny 2bed apartment in SCD, available some time in January?).

    Our agent seems to be a decent guy and we were perfect tenants - wondering how to sell this idea best to him? We would just prefer the least amount of hassle and not to lose (the whole of) the deposit.


Comments

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


    Talk to the agent first I suppose and see what they say. If its in a good area rents might actually be on the rise, so it might be worth their while letting you out of the lease early if they can get more from a new tenant.

    Reassignment is the other option.


  • #3
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    djimi wrote: »
    Talk to the agent first I suppose and see what they say. If its in a good area rents might actually be on the rise, so it might be worth their while letting you out of the lease early if they can get more from a new tenant.

    Reassignment is the other option.

    Ask to sublet and then stick an extra hundred in the rent to give you some security.


  • #4
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Thomas D wrote: »
    Ask to sublet and then stick an extra hundred in the rent to give you some security.

    your not legally entitled to sublet and I very much doubt the LL will allow it.

    You have been told this before ....


  • #5
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    D3PO wrote: »
    your not legally entitled to sublet and I very much doubt the LL will allow it.

    You have been told this before ....

    You can ask. If he refuses you can cancel the lease.


  • #6
    ted1
    Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Thomas D wrote: »
    Ask to sublet and then stick an extra hundred in the rent to give you some security.

    Then they are the landlord. Will have to pay tax on the income, and will have no expenses to write off. Might get stung with a tenant paying no rent. For 1200 quid a year it's not worth the hassle


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  • #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    D3PO wrote: »
    your not legally entitled to sublet and I very much doubt the LL will allow it.

    You have been told this before ....
    Even if the lease is for a fixed term, if the landlord refuses an assignment or a sub-let the tenant may serve a Notice of Termination giving 28 days notice and leave.

    Ted1 is absolutely correct in that if the OP sublets, he has all the hassle of being a landlord, its responsibilities and obligations. Especially if they had a tenant who is late with the rent or damages the place and then uses the deposit as the last month's rent. They could be in for a large loss, as well as paying the mortgage on their new place.


  • #8
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Thomas D wrote: »
    You can ask. If he refuses you can cancel the lease.

    that's incorrect.

    if he refused to REASSIGN the lease you can leave. You cannot leave if he refuses SUBLETTING.


  • #9
    D3PO
    Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    odds_on wrote: »
    Even if the lease is for a fixed term, if the landlord refuses an assignment or a sub-let the tenant may serve a Notice of Termination giving 28 days notice and leave.

    Not correct if he refuses reassignment you can leave if he refuses to sublet you cannot.


  • #10
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    D3PO wrote: »
    Not correct if he refuses reassignment you can leave if he refuses to sublet you cannot.

    Im pretty sure that you can.


  • #11
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    D3PO wrote: »
    Not correct if he refuses reassignment you can leave if he refuses to sublet you cannot.

    BOOYYAHHHH!

    Found out again.

    This is actually the full heading of one of the parts of the act.
    Tenant may terminate where consent to assignment or subletting withheld.
    (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.

    Please don't bother quoting from an act that you know nothing about.


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  • #12
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    http://www.threshold.ie/advice/ending-a-tenancy/assignment-and-subletting/
    As a tenant, whilst you cannot assign or sub-let without the landlord's written consent, you may terminate the tenancy if they refuse your request. It is advisable to request a refusal in writing.


  • #13
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    D3PO wrote: »
    that's incorrect.

    if he refused to REASSIGN the lease you can leave. You cannot leave if he refuses SUBLETTING.
    Section 186 of the RTA 2004:
    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.


  • #14
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Thomas D wrote: »
    This is actually the full heading of one of the parts of the act.

    If you are going to quote the RTA then link to what you are quoting. Otherwise people will just assume you are making stuff up...


  • #15
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    D3PO wrote: »
    that's incorrect.

    if he refused to REASSIGN the lease you can leave. You cannot leave if he refuses SUBLETTING.

    Liked by The Conductor? And they're a mod for the accommodation forum? Really, mods should know the basics of the Residential Tenancies Act.


  • #16
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    djimi wrote: »
    If you are going to quote the RTA then link to what you are quoting. Otherwise people will just assume you are making stuff up...

    Listen lad. Don't bother putting up links to threshold who get stuff wrong regularly. Have you ever used google. Mouse click, ctrl c, google, ctrl v. ACT.


  • #17
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Thomas D wrote: »
    Liked by The Conductor? And they're a mod for the accommodation forum? Really, mods should know the basics of the Residential Tenancies Act.
    A Mod of a forum does not need to know anything about the forum other than the rules fro that forum.


  • #18
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    odds_on wrote: »
    A Mod of a forum does not need to know anything about the forum other than the rules fro that forum.

    Fair enough, I just assumed the most clued in people would be chosen given how much people argue over tenancy basics.


  • #19
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Thomas D wrote: »
    Fair enough, I just assumed the most clued in people would be chosen given how much people argue over tenancy basics.
    Never assume - it only makes an ASS out of U and ME - so I was taught some years ago.


  • #20
    sunnysoutheast
    Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    Thomas D wrote: »
    You can ask. If he refuses you can cancel the lease.

    The tenant can issue a notice of termination, by giving the appropriate number of days notice, if their request to assign or sublet is denied. The tenant is still responsible for the rent until the end of the notice period.

    Not sure whether that's what you meant, but a lease can't be "cancelled".


  • #21
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    sunnysoutheast wrote: »
    The tenant can issue a notice of termination, by giving the appropriate number of days notice, if their request to assign or sublet is denied. The tenant is still responsible for the rent until the end of the notice period.

    Not sure whether that's what you meant, but a lease can't be "cancelled".

    http://thesaurus.com/browse/terminate


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  • #22
    sunnysoutheast
    Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    Thomas D wrote: »
    http://thesaurus.com/browse/terminate

    ...and? it's your loose use of terminology, not mine.


  • #23
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    sunnysoutheast wrote: »
    ...and? it's your loose use of terminology, not mine.

    Do you know what a synonym is? The legal act uses the word "terminate". In my more casual posting I used the word cancel. They are synonyms. See? Will I explain it again?


  • #24
    sunnysoutheast
    Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    Thomas D wrote: »
    Do you know what a synonym is? The legal act uses the word "terminate". In my more casual posting I used the word cancel. They are synonyms. See? Will I explain it again?

    I was just ensuring that you, and anybody else who may be reading the thread, were made aware that you would need to issue a "notice of termination" rather than cancelling the lease, a term which has no legal standing under the act.

    It's important to get these little details correct, don't you agree?


  • #25
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    sunnysoutheast wrote: »
    I was just ensuring that you, and anybody else who may be reading the thread, were made aware that you would need to issue a "notice of termination" rather than cancelling the lease, a term which has no legal standing under the act.

    It's important to get these little details correct, don't you agree?

    Not really. Notice of cancellation works fine.


  • #26
    strandroad
    Closed Accounts Posts: 4,676 ✭✭✭strandroad


    Thanks for all your input guys... We probably would not go with the subletting option due to its high hassle factor but we may tackle reassigning if need be!
    How much is an ad on Daft, do you happen to know?


  • #27
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    mhge wrote: »
    I think legally he has the right to approve/reject our candidates. We need to provide one he'd be happy with.

    You'd be getting to the point where he would refuse reassignment before even seeing anyone. If the reject anyone that is the same as refusing reassignment.


  • #28
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Thomas D wrote: »
    You'd be getting to the point where he would refuse reassignment before even seeing anyone. If the reject anyone that is the same as refusing reassignment.

    No its not. They can approve reassignment in principle, but can, within reason, refuse who you bring along. Only if they were rejecting suitable candidates and making it obvious that they had no interest in actually letting the assignment take place could you then take action.


  • #29
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    djimi wrote: »
    No its not. They can approve reassignment in principle, but can, within reason, refuse who you bring along. Only if they were rejecting suitable candidates and making it obvious that they had no interest in actually letting the assignment take place could you then take action.

    The act says nothing about selectively approving reassignment.


  • #30
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    You think that the landlord is obliged to accept the first person that the tenant brings along?


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  • #31
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    djimi wrote: »
    You think that the landlord is obliged to accept the first person that the tenant brings along?

    No. He has a choice. He can refuse reassignment, terminate the tenancy and he can look after all of the letting or he can let the tenant look for a replacement. He can't do a bit of both.


  • #32
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Thomas D wrote: »
    The act says nothing about selectively approving reassignment.
    The Act, no. But several PRTB adjudications agree that a landlord has the right to vet or reference any assignees.


  • #33
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Thomas D wrote: »
    It would be easier to have your landlord refuse reassigment. Tell them you have some people willing to take over the lease. Give him two african names and watch him run.
    Lots of people with African names living in rented accommodation with happy landlords.

    Moderator

    That said, in any assignment, a landlord is reasonably entitled to a person or person of equal or better class than the sitting tenant. Class here can refer to renting history, group size, payment ability or other relevant factors.


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