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Notice for fixed term lease

  • 05-01-2019 11:03am
    #1
    Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭


    Hi all, after a breakup myself and the now ex are moving out of our shared house. We are on a fixed term 12 month lease and have been here 8 months. How should I approach the landlord about this.

    I understand we can let him know about wanting to end the lease, but we need to also find another tenant who we can either assign the lease to or sublet is that correct? I am thinking of just stating we would like to end the lease and see what he says.

    If we need to assign or sublet can the landlord demand to meet or vet the new tenants? If so and he is not happy with them, do we have to keep searching until he is happy?

    We are hoping it won't come to this and we can agree a mutual break. This is my first rental so I'm not sure about a few things:

    Does the landlord generally keep the deposit as the final monthly payment or do you normally pay the rent as normal and get the deposit back pending inspection etc?

    Also if I need to serve him notice, as a tenant should I sent a registered letter to ensure he gets it or generally is that not needed for tenants?

    If the notice period ends in the middle of a month, generally do you pay the full month in advance or could we just pay for the two weeks?

    Sorry for all the questions it's all a bit new to me! Any help appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 1,300 ✭✭✭meijin


    Elessar wrote: »
    Hi all, after a breakup myself and the now ex are moving out of our shared house. We are on a fixed term 12 month lease and have been here 8 months. How should I approach the landlord about this.

    1st, read https://onestopshop.rtb.ie/ending-a-tenancy/ending-a-fixed-term-tenancy/
    I understand we can let him know about wanting to end the lease, but we need to also find another tenant who we can either assign the lease to or sublet is that correct? I am thinking of just stating we would like to end the lease and see what he says.

    try to negotiate first; if it doesn't work, send a letter asking for permission to sublet or assign; if refused, you can terminate the tenancy
    If we need to assign or sublet can the landlord demand to meet or vet the new tenants? If so and he is not happy with them, do we have to keep searching until he is happy?

    see the website linked, there is nothing there about approving a particular person

    most likely they'll agree to terminate early, rather than risking you putting random people there
    We are hoping it won't come to this and we can agree a mutual break.

    that's the best option
    Does the landlord generally keep the deposit as the final monthly payment or do you normally pay the rent as normal and get the deposit back pending inspection etc?

    usually you can't use deposit as last month payment
    Also if I need to serve him notice, as a tenant should I sent a registered letter to ensure he gets it or generally is that not needed for tenants?

    best to use registered post
    If the notice period ends in the middle of a month, generally do you pay the full month in advance or could we just pay for the two weeks?

    for the time that you're going to live there


  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    8 months out of 12?

    I think most landlords will be reasonable. Just explain the circumstances and propose a solution. If it was me, I'd suggest to the landlord that I'd cover the cost of re-advertising (50-100), facilitate whatever viewings were needed, and come up with a mutually agreeable end date.

    If that was not acceptable, I'd do as above and offer to assign lease.


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