Advice for leaving accommodation before lease expires

musicinmouth

Hi,

I am grateful for your advice:

I have been renting a house for the last 6 months and have a lease for 12 months. I need to leave in 1 month to move to another city, but I am not sure what happens when I give a 30 day notice to my landlord, as I have never left before the first year of a tenancy.

The contract says:

"Should this tenancy be terminated at the request of the tenant, before the date agreed in this lease the tenant's deposit will be deducted accordingly and rent must be paid by the tenant until a new suitable tenant is secured by the landlord or his agent."

Does this mean that 1) I will lose my deposit, and 2) I must also keep paying the rent indefinitely until they find a replacement tenant? That sounds a bit scary!

Thanks!

MarkAnthony

You can and should assign the lease. Basically get advertising, find a tenant with suitable references, in Dublin that should be very easy, and present them to the Landlord.

No loss on either side, no one getting pissy about inconvenient viewings, job done. Also has the virtue of being in statute as an option.

SimonTheITGuy

This is the relevant section of the RTA 2004:

(Can't post direct links as I'm a new user but here's the website)
http:// www . irishstatutebook . ie/2004/en/act/pub/0027/sec0186.html

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.

(3) The period of notice to be given by that notice of termination is—

(a) that specified in section 66 , or

(b) such lesser period of notice as may be agreed between the landlord and the tenant in accordance with section 69 ,

even if the lease or tenancy agreement provides for a greater period of notice to be given.

marco_polo

I am not sure on the second part but on the first (not withstanding any damage of course), I am pretty sure it is only expenses incurred in finding a replacement that can be deducted from your deposit.

salamanca22

marco_polo wrote: »

I am not sure on the second part but on the first (not withstanding any damage of course), I am pretty sure it is only expenses incurred in finding a replacement that can be deducted from your deposit.

This includes time that the house is empty after vacating. However it is the landlords responsibility that they find a new tenant as fast as they can thereby limiting the cost to the previous tenant.

OP unless the house is filled quite quickly you can say goodbye to your deposit. Take the advice already given in this thread and try and reassign the lease.

Fkall

marco_polo wrote: »

I am not sure on the second part but on the first (not withstanding any damage of course), I am pretty sure it is only expenses incurred in finding a replacement that can be deducted from your deposit.

And the fee charged by an EA to rent the property will take a great big chunk of the deposit.