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Premature lease end

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  • 28-03-2020 9:07pm
    #1
    Waingro
    Registered Users Posts: 2 ✭


    Hi all,

    I've been a silent reader for several years now and this platform helped find useful information on many occasions.

    Due to the fact that my situation is rather tricky, I wanted to create my own thread hoping that someone will be able to provide a good advice.

    I'm currently in a fixed term tenancy which ends in two months time. This is a shared lease and my flatmate lost his job due to current pandemic situation.

    Now I've decided to leave the country and head back home because taking a 40% salary cut and demotion is not an option for me and I have an outstanding job offer in my hometown. This means I won't be able to give proper notice of 5 weeks.

    I'm perfectly aware of the fact, that my flatmate will be affected by this as we both signed the lease.

    My questions are: can the LL step back from the lease because of me leaving or is my flatmate safe for at least 3 months time? Can I expect my LL to open a case with RTB because of technically 1 months rent (he will keep my part of the deposit) or is he covered by mortgage holidays anyway?

    Thanks for your help.


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    #2
    Dav010
    Registered Users Posts: 14,004 ✭✭✭✭Dav010


    Waingro wrote: »
    Hi all,

    I've been a silent reader for several years now and this platform helped find useful information on many occasions.

    Due to the fact that my situation is rather tricky, I wanted to create my own thread hoping that someone will be able to provide a good advice.

    I'm currently in a fixed term tenancy which ends in two months time. This is a shared lease and my flatmate lost his job due to current pandemic situation.

    Now I've decided to leave the country and head back home because taking a 40% salary cut and demotion is not an option for me and I have an outstanding job offer in my hometown. This means I won't be able to give proper notice of 5 weeks.

    I'm perfectly aware of the fact, that my flatmate will be affected by this as we both signed the lease.

    My questions are: can the LL step back from the lease because of me leaving or is my flatmate safe for at least 3 months time? Can I expect my LL to open a case with RTB because of technically 1 months rent (he will keep my part of the deposit) or is he covered by mortgage holidays anyway?

    Thanks for your help.

    Your flat mate is safe, but if you are both on the lease, he will me joint and severely liable for the rent in all likelihood, in other words, your flat mate will be responsible for your part of the rent in 3 months time, not ideal for him.

    You will lose your deposit, but as you are leaving the country, I don’t see why you would be worried about the RTB, your friend on the other hand may be worried if he can’t pay your part.


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    #3
    Waingro
    Registered Users Posts: 2 ✭Waingro


    Thanks, Dav010,

    My flatmate was, as far as I'm concerned, planning on leaving at the end of the tenancy, so this is out of the equation.

    My worry is, that at some point I might come back to IE and want to avoid having issues with the Board when renting new property.


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    #4
    Dav010
    Registered Users Posts: 14,004 ✭✭✭✭Dav010


    Waingro wrote: »
    Thanks, Dav010,

    My flatmate was, as far as I'm concerned, planning on leaving at the end of the tenancy, so this is out of the equation.

    My worry is, that at some point I might come back to IE and want to avoid having issues with the Board when renting new property.

    You will both need to check the statutory notice period for the length of time you were there, even though you are in a fixed term lease, you still have to give the required notice. Your friend will be caught for the rent during notice period after you leave, unless you/both assign the lease, which might be a bit difficult in the current climate.


    https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/


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