Breaking and reassigning a lease

Brian201888

Hi folks hoping someone can clarify some things for me.

Moved into an apartment end of May and have decided that with new work commitments the location isn't for us anymore. Location wise I think we've had a decent price and getting a new tennent shouldn't be an issue.

I understand if the lease were reassigned then we are entitled to our deposit back from the landlord? Is this correct? If so is the situation that we do viewings and propose tennents to the landlord? Is the landlord allowed object to someone with appropriate references?

Also in light of the new rent regulations coming in that are going to fix rent for two years would there be any advantage to the landlord to get someone new in now at a presumably higher rent as the market goes higher?

Anything obvious that I am missing with this as the whole process seems deceptively simple at first glance?

listermint

Honestly Eoghan, you need to speak to the Landlord and come to an arrangement that suits both parties. You may not get all of your deposit back, its is you breaking the lease afterall.

Brian201888

Landlord isn't a professional landlord very much an accidental one if there are particular pitfalls to this he won't know about also that could cause an issue.

Brian201888

listermint wrote: »

Honestly Eoghan, you need to speak to the Landlord and come to an arrangement that suits both parties. You may not get all of your deposit back, its is you breaking the lease afterall.

If someone takes it over with no gap in rental is there a legal entitlement to give deposit back though?

Fol20

I was wondering can the landlord withhold 90e for re-registration of the PRTB for a new tenant. Or if they employed an agency to look new tenants?

Black_Knight

Is it a fixed term lease? If not, after 6 months you qualify for a part 4 tenancy. Which, I may be wrong here, allows you to terminate your lease.

http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy


Makes you question whats the point of the lease in the first place.

Selik

Black_Knight wrote: »

Is it a fixed term lease? If not, after 6 months you qualify for a part 4 tenancy. Which, I may be wrong here, allows you to terminate your lease.

http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy


Makes you question whats the point of the lease in the first place.

As far as I know a fixed term lease runs alongside a part 4, with the part 4 taking over fully after 1 years if the 1 year lease isn't renewed. So there's never a real (or legal) reason to sign a 2yr lease after the 1st year has expired, although I was pretty much bullied into it a few years ago myself. It didn't really matter as much to us as were weren't planning on moving anywhere at the time.

In our situation now we have our 1st year least up in April 2016 and we won't be signing a fresh one - just continuing on part 4 as we're also house-hunting and need the flexibility to give the required notice under part 4 once we have founds a suitable house and signed the contracts.

runawaybishop

Eoghan_2 wrote: »

Hi folks hoping someone can clarify some things for me.

Moved into an apartment end of May and have decided that with new work commitments the location isn't for us anymore. Location wise I think we've had a decent price and getting a new tennent shouldn't be an issue.

I understand if the lease were reassigned then we are entitled to our deposit back from the landlord? Is this correct? If so is the situation that we do viewings and propose tennents to the landlord? Is the landlord allowed object to someone with appropriate references?

Also in light of the new rent regulations coming in that are going to fix rent for two years would there be any advantage to the landlord to get someone new in now at a presumably higher rent as the market goes higher?

Anything obvious that I am missing with this as the whole process seems deceptively simple at first glance?

Nah, the process is very simple. You should get your deposit back.

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