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Break lease by offering to sublet

  • 05-06-2016 9:00pm
    #1
    stainluss
    Registered Users, Registered Users 2 Posts: 867 ✭✭✭


    http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

    "Under the Residential Tenancies Act 2004, a tenant can request permission to assign or sublet a tenancy. If your landlord refuses, you may terminate the tenancy even if you have a fixed term lease. (See Getting Someone to Replace You)."

    According to this, if my interpretation is correct, I'm guaranteed my depsoit back even though I'm leaving early as long as I find someone/offer to find someone early and then give 28 days notice?

    Is this always the case? It doesnt mention whether this particular piece of legislation is affected by contractual no break clauses...


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    stainluss wrote: »
    http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

    "Under the Residential Tenancies Act 2004, a tenant can request permission to assign or sublet a tenancy. If your landlord refuses, you may terminate the tenancy even if you have a fixed term lease. (See Getting Someone to Replace You)."

    According to this, if my interpretation is correct, I'm guaranteed my depsoit back even though I'm leaving early as long as I find someone/offer to find someone early and then give 28 days notice?

    Is this always the case? It doesnt mention whether this particular piece of legislation is affected by contractual no break clauses...

    The notice period depends on how long the tenancy has lasted. It has effect despite any contractual provision.


  • #3
    stainluss
    Registered Users, Registered Users 2 Posts: 867 ✭✭✭stainluss


    4ensic15 wrote: »
    stainluss wrote: »
    http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

    "Under the Residential Tenancies Act 2004, a tenant can request permission to assign or sublet a tenancy. If your landlord refuses, you may terminate the tenancy even if you have a fixed term lease. (See Getting Someone to Replace You)."

    According to this, if my interpretation is correct, I'm guaranteed my depsoit back even though I'm leaving early as long as I find someone/offer to find someone early and then give 28 days notice?

    Is this always the case? It doesnt mention whether this particular piece of legislation is affected by contractual no break clauses...

    The notice period depends on how long the tenancy has lasted. It has effect despite any contractual provision.
    Just to clarify we can feasibly break any lease then and get our deposit as long as we follow that process, no matter what's in the contract?

    A lot of people seem to lose their deposit trying to get out, I guess they just don't want the hassle of trying to find someone (or are ignorant to this law)?


  • #4
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    stainluss wrote: »
    Just to clarify we can feasibly break any lease then and get our deposit as long as we follow that process, no matter what's in the contract?

    A lot of people seem to lose their deposit trying to get out, I guess they just don't want the hassle of trying to find someone?

    Effectively yes.

    Any clause in a lease that is contrary to the terms of the RTA 2004 is not enforceable. Bear in mind the return of the deposit is subject to deductions on any damage above wear and tear. If the landlord withholds the deposit you may have to file a dispute with the RTB to get it back again. This is where some people might not bother/don't know and the landlord gets away with it.


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