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Re-assigning a lease

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  • 05-02-2015 8:16pm
    #1
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭


    We're going to ask our letting agent to ask the landlord to re-assign our lease. We are currently in a 12 month fixed term lease that runs until the end of August. If the landlord says they do not want this I understand that we can give 28 days notice to move out and we can get our deposit back as well.

    However, if the landlord does agree to re-assign and we find someone to take over, does the new tenant then pay our letting agency the monthly rent and the deposit, ie. do we get our deposit back at this point?

    If we do not find someone, am I liable for the rent?


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    #2
    accensi0n
    Registered Users Posts: 2,742 ✭✭✭accensi0n


    http://www.threshold.ie/advice/ending-a-tenancy/getting-someone-to-replace-you/

    See the sections regarding the difference between assignment and subletting.

    Also note that if you don't make your request until after the end of this month, the notice period you will need to give if the request is refused will increase to 35 days.


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    #3
    MuddyDog
    Registered Users Posts: 1,863 ✭✭✭MuddyDog


    We've actually been at the property for 2.5 years but re-signed a new lease which extended our contract until the end of August back in the summer of 2014. Is it still 28 days notice I have to give or will it be the 56?


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    #4
    accensi0n
    Registered Users Posts: 2,742 ✭✭✭accensi0n


    MuddyDog wrote: »
    We've actually been at the property for 2.5 years but re-signed a new lease which extended our contract until the end of August back in the summer of 2014. Is it still 28 days notice I have to give or will it be the 56?

    Ah, right, my understanding is that it would be 56 days in that case.


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    #5
    campingcarist
    Registered Users Posts: 337 ✭✭campingcarist


    My understanding of a assignment is that it is the tenant who has to look for a replacement, not the landlord. The tenant also pays any costs in the process of assigning: advertising etc.

    When the replacement tenant moves in and takes over all the responsibilities of the lease, the tenant leving is then released from his responsibilities.

    As there is no "vacant" period, there is no notice required. Again, if there is currently a fixed lease, as such, there is no notice period because a fixed term cannot be broken by serving notice.


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    #6
    Mrs OBumble
    Registered Users Posts: 25,695 ✭✭✭✭Mrs OBumble


    Personally, I would find the replacement candidate first and then approach the LL.

    The LL has to accept a reasonable replacement, or let you off the lease. This is a lot clearer if there is a reasonable replacement in front of them rather than thinking in the abstract.


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    #7
    Uno my Uno.
    Registered Users Posts: 905 ✭✭✭Uno my Uno.


    MuddyDog wrote: »
    We're going to ask our letting agent to ask the landlord to re-assign our lease. We are currently in a 12 month fixed term lease that runs until the end of August. If the landlord says they do not want this I understand that we can give 28 days notice to move out and we can get our deposit back as well.

    the Second part in Bold is incorrect. A fixed term lease is exactly that, fixed and cannot be ended early by any period of notice.
    MuddyDog wrote: »
    However, if the landlord does agree to re-assign and we find someone to take over, does the new tenant then pay our letting agency the monthly rent and the deposit, ie. do we get our deposit back at this point?

    If we do not find someone, am I liable for the rent?

    Yes, until the end of the fixed term lease in August or until the property is re-let.
    MuddyDog wrote: »
    We've actually been at the property for 2.5 years but re-signed a new lease which extended our contract until the end of August back in the summer of 2014. Is it still 28 days notice I have to give or will it be the 56?

    As above, as you are on a fixed term lease the Part 4 notice periods do not apply.

    Speak to your Landlord and seek to come to an agreement with them, assignments in these circumstances frequently get messy and you will most likely have to pay any costs incurred by the landlord. Best of Luck.


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