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Assigning a tenancy, can the landlord choose who to accept?

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  • 07-02-2019 1:35pm
    #1
    tibbycat
    Registered Users Posts: 2 ✭


    Hi all,
    Myself and a friend are leaving our fixed term lease. We have asked the landlord for permission to sublet/assign the lease.
    The landlords response was- ' that in principle the landlord has no issue findings other tenants, however they will have to be approved by the landlord and ensure that they are suitable'.
    What happens her? The landlord has said I can assign, but with terms..
    If I find tenants that are willing to finish the lease, but the landlord then says no we arent going to let them finish your tenancy, then I am back to square one trying to arrange viewings etc which doesn't seem right just because the landlord feels that the tenants arent suitable. For example, if we are working professionals and the new tenants are students (high chance of this seen as there is only 4 months left on the fixed term lease, perfect for one term, and given that the area I live in has lots of students.)

    It is very difficult to decipher the answer to this online, have done a lot of research. RTB said that the Act doesn't say the landlord has to agree to a tenant, just that they consent to assign. However I know the landlord has a right to his/her property to refuse tenants... So its a grey line... experiences are often the best answer

    My question is, where does that leave me? In theory the landlord could send me on a wild chase refusing tenants.

    I would really appreciate any info/experiences anyone has had of similar situations.
    I have to leave the fixed term lease regardless and I am trying to go about it the right way.

    Thanks!!
    Tagged:


Comments

  • Options
    #2
    Subutai
    Registered Users Posts: 293 ✭✭Subutai


    tibbycat wrote: »
    Hi all,
    Myself and a friend are leaving our fixed term lease. We have asked the landlord for permission to sublet/assign the lease.
    The landlords response was- ' that in principle the landlord has no issue findings other tenants, however they will have to be approved by the landlord and ensure that they are suitable'.
    What happens her? The landlord has said I can assign, but with terms..
    If I find tenants that are willing to finish the lease, but the landlord then says no we arent going to let them finish your tenancy, then I am back to square one trying to arrange viewings etc which doesn't seem right just because the landlord feels that the tenants arent suitable. For example, if we are working professionals and the new tenants are students (high chance of this seen as there is only 4 months left on the fixed term lease, perfect for one term, and given that the area I live in has lots of students.)

    It is very difficult to decipher the answer to this online, have done a lot of research. RTB said that the Act doesn't say the landlord has to agree to a tenant, just that they consent to assign. However I know the landlord has a right to his/her property to refuse tenants... So its a grey line... experiences are often the best answer

    My question is, where does that leave me? In theory the landlord could send me on a wild chase refusing tenants.

    I would really appreciate any info/experiences anyone has had of similar situations.
    I have to leave the fixed term lease regardless and I am trying to go about it the right way.

    Thanks!!


    If the landlord refuses your assignment of the tenancy you are empowered under s 186 of the 2004 act to serve him with a notice of termination in respect of your fixed term tenancy. Make sure you provide the adequate notice period.


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    #3
    spaceHopper
    Registered Users Posts: 3,970 ✭✭✭spaceHopper


    Yea he can with in reason, what if you say yes to the first person who shows up and they are scum. If you get a reasonable person he can't really say no. Best to give him a choice of 2 or 3


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    #4
    Subutai
    Registered Users Posts: 293 ✭✭Subutai


    spaceHopper wrote: »
    Yea he can with in reason, what if you say yes to the first person who shows up and they are scum. If you get a reasonable person he can't really say no. Best to give him a choice of 2 or 3

    There's no reasonability criterion. The landlord can say no, and that may be reasonable, but the result is still that the tenant can now terminate the agreement.


  • Options
    #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    spaceHopper wrote: »
    Yea he can with in reason, what if you say yes to the first person who shows up and they are scum. If you get a reasonable person he can't really say no. Best to give him a choice of 2 or 3

    The landlord can refuse anybody without giving a reason. You can also offer to surrender your tenancy.


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    #6
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    tibbycat wrote: »
    Hi all,
    Myself and a friend are leaving our fixed term lease. We have asked the landlord for permission to sublet/assign the lease.
    The landlords response was- ' that in principle the landlord has no issue findings other tenants, however they will have to be approved by the landlord and ensure that they are suitable'.
    Put up the ad, and vet tenants as if you were allowing them to rent your own house.

    IE; not just the first person you get. Get a pay-as-you-go sim, and use that number on your ad. Put the ad on Facebook rental groups, etc. Ensure that they have a job, have good references, etc. Without these, the landlord will most likely turn down tenants that you bring.

    When you find someone who has a good job, doesn't seem a scumbag, etc, arrange a time for them to meet the landlord.

    And once all is done, bin said pay-as-you-go sim, as people will keep ringing it long after you have found someone.


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