If Landlord doesn't allow sublet.

Digital Solitude

Hi, just looking for quick clarification here.

Basically, girlfriend's rent is pretty high for where she lives and was paid in installments, so she's paid up until July already.

She now wants to move in with me as she stays here most nights and her room is basically really expensive storage.

My suggestion is that she should sublet the room for the remaining months instead of terminating her lease and losing the €500 deposit.

If she sublets without the landlords consent, is him kicking the new tenant out and keeping our deposit as far as it can go or can he get legal proceedings going?

And if he refuses to allow subletting, and gf terminates the lease on account of this can she get the deposit and remaining rent back?

Had a look at rtb and threshold but couldn't find this, apologies if it's in clear site and I missed it.

Thanks for any opinions.

TheChizler

She'd be better off reassigning the lease to the new tenant instead of becoming a landlord herself. If the landlord refuses to reassign to a reasonable choice of tenant you can end the lease then anyway.

Digital Solitude

Will that allow us to keep the deposit yes?

TheChizler

Digital Solitude wrote: »

Will that allow us to keep the deposit yes?

Provided you're up to date with rent and there's no other reason for them to keep part of it. If you reassign the lease either the landlord should give you back your deposit and take the next tenant's, or the next one just gives theirs to you.

pilly

TheChizler wrote: »

She'd be better off reassigning the lease to the new tenant instead of becoming a landlord herself. If the landlord refuses to reassign to a reasonable choice of tenant you can end the lease then anyway.

Agree, but OP's girlfriend has paid rent in advance to July. What's the chances of the LL refunding the rent in that situation?

Digital Solitude

pilly wrote: »

Agree, but OP's girlfriend has paid rent in advance to July. What's the chances of the LL refunding the rent in that situation?

100% presumably, it's illegal to hold onto the rent for months she won't be there surely.

Just want to know our rights if he won't play ball

Mrs OBumble

Digital Solitude wrote: »

100%, presumably it's illegal to hold onto the rent for months she won't be there

Why's she paid so far in advance? That a very odd thing to do. Is it student accommodation by any chance?

Digital Solitude

Mrs OBumble wrote: »

Why's she paid so far in advance? That a very odd thing to do. Is it student accommodation by any chance?

Nope, private housing in Galway, it's very difficult for students to get reasonable accommodation so they took what they were offered

pilly

Digital Solitude wrote: »

100% presumably, it's illegal to hold onto the rent for months she won't be there surely.

Just want to know our rights if he won't play ball

It depends what's in the lease.

Digital Solitude

pilly wrote: »

It depends what's in the lease.

Ah crap, landlord is a snakey enough fellow but I'll try get a read of it, cheers guys

TheChizler

Digital Solitude wrote: »

Ah crap, landlord is a snakey enough fellow but I'll try get a read of it, cheers guys

A lease can't take away from your rights and the ability to reassign your lease is one of them. By rights they should refund you but if they're being awkward and it's agreeable to all maybe the new tenant can give your gf the rent for the first few months. That's messy though so be sure to get the agreement in writing and a paper trail for the money.

The LL definitely can't take payment from two people for the one service.

Digital Solitude

Coolio, I don't she's too fussy about getting the rent back in drips from the new tenant or however it works out.

Class Chizler, you're a hero Thanks to all other posters too

TheChizler

No problem. I came acRoss as very confident there, I hope I'm right!

This is the section of the relevant act FYI.

http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec186