minimum lease period

ewiz9

hi,

I am looking to rent a 1-bedroom house for 6-8 months. But most ads insist on a minimum 1-year lease. Without agreeing to this it's almost impossible to get accommodation. I was wondering, if I had to agree to min 1-year lease, and had to leave after say 7 months, what can the landlord/agent do? can they not give my deposit back if I break the lease early? Any suggestions on how to deal with this situation will be highly appreciated

Thankyou

Claw Hammer

https://www.boards.ie/discussion/2058216285/minimum-lease-period

If you can find a replacement tenant to assign or sublet to, then you can ask the landlord to allow you assign or sublet, If they refuse, you can end the tenancy. It is better to assign than sublet from your point of view.

Fian

https://www.boards.ie/discussion/comment/118114049#Comment_118114049

If they "unreasonably" refuse.

If you break a lease early without agreement i think it is unlikely you will not lose out on your deposit, or at least part of it.

Once you are there over 6 months, you are in a part 4 tenancy, you may leave so long as you give the correct notice to your landlord.

Look up the rules on rtb.ie

https://www.boards.ie/discussion/comment/118123539#Comment_118123539

I don't think that's the case when a fixed term lease has been signed and agreed to.

https://www.boards.ie/discussion/comment/118123645#Comment_118123645

It is. Once you're there six months, part 4 kicks in, doesn't matter if you signed a lease or not. Lease is worth nothing really

https://www.boards.ie/discussion/comment/118123657#Comment_118123657

it does to a point mean something however for the OP they're in luck. The RTB site states that you may end a fixed term tenancy early if the landlord refuses to allow you to sublet, but you must provide sufficient notice based on how long you have lived there.

Yep, because they are in part 4, once correct notice is given, they can leave.

Claw Hammer

https://www.boards.ie/discussion/comment/118123507#Comment_118123507

The legislation makes no mention of "unreasonably refuse".

ewiz9

https://www.boards.ie/discussion/comment/118123683#Comment_118123683

I web chatted with RTB. they said, I can offer to assign the lease to another person and if the owner refuse this I can give a notice period, even when a fixed-term lease agreement is on.

https://www.boards.ie/discussion/comment/118145546#Comment_118145546

Yep, exactly.

nibtrix

https://www.boards.ie/discussion/comment/118123657#Comment_118123657

This is incorrect, a Part 4 tenancy adds to your rights but doesn't overwrite the written fixed-term lease. Otherwise no-one would bother with a fixed-term lease at all!

https://www.boards.ie/discussion/comment/118145577#Comment_118145577

So once you get to six months into a written lease, what happens?

nibtrix

https://www.boards.ie/discussion/comment/118145641#Comment_118145641

You gain Part 4 tenancy rights, meaning you can stay in the property for a further 5 and a 1/2 years (subject to certain exceptions). Part 4 extends your rights, but it runs alongside a fixed-term lease, it doesn't overwrite one. You can use Part 4 to extend your stay but not to terminate before the fixed-term applies. At the end of a fixed-term lease your landlord cannot make you sign another one as you are already covered by the Part 4 tenancy.

A fixed term tenancy can only be ended if the landlord breaches their responsibilities, or if they refuse to allow you to sublet or assign the tenancy.

https://www.rtb.ie/ending-a-tenancy/ending-a-fixed-term-tenancy

Ah fair enough, I presumed (wrongly) that once your part 4 rights kicked in, it meant your part 4 rights kicked in. Duly noted.

houseyhouse

https://www.boards.ie/discussion/comment/118146921#Comment_118146921

What happens to specific provisions in the lease under those circumstances? E.g. if the lease states no pets, or no smoking indoors or similar and then you don’t sign a new lease when the fixed term is up? Do those conditions still apply?

JimmyVik

https://www.boards.ie/discussion/comment/118147363#Comment_118147363

I would think that if there is no mention of pets in a lease it probably doesnt mean pets allowed :)

Claw Hammer

https://www.boards.ie/discussion/comment/118147363#Comment_118147363

It is provided in the lease that the same conditions continue with the lease turning into a month to month lease.