Breaking out of Tenancy Contract

Discussion in 'Property investment and tenants' rights' started by MsCutha, 25 Oct 2018.

  1. MsCutha

    MsCutha Registered User

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    Re-posted here as is more relevant.

    We have been renting since May 2017 through an estate agent and recently renewed our lease for another year in April 2018. However we found a property to buy and will need to break the lease.
    I have been in touch with Threshold and they advised to request permission to 'assign the lease' and if the agency agrees then we will be responsible for the rent until the new tenants move in. If they say refuse we can serve them with a 28 day notice of termination, we will no longer be liable for any rent after we move out. They can take some money from our deposit for advertising and that is it.
    Just wondering if there is anything I should be on the look out for? We were renting our last place in Dublin for 6 years and always looked after the property. Other properties we have rented we left it in a much better state than when we moved in so always got our deposit back. Now we are renting in Cork and it hasn't been smooth sailing from day one but I have pictures for when we moved in.
    Any thoughts will be appreciated. Thanks.
     
  2. Bronte

    Bronte Frequent Poster

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    Why all the cuggle muggle. Just speak to the agent and see what they say. There's no way they are going to let you 'assign the lease'.

    And you will not have to pay advertising costs. Did Threshold tell you that? Have you put a bid on a house? How far along in the process are you?
     
  3. MsCutha

    MsCutha Registered User

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    Thanks Bronte. Threshold said we may be charged for advertising costs. It is a new build, we have signed contracts. The builders will let me know when the house will be ready once the fireplace goes in. I don't mind not being allowed to assign the lease. I have always gone with an 'open contract' after the first year of renting a property. In our last place we gave a 90 day notice. I wanted to find out if there is anything I need to know before I speak to the agent.
     
  4. Thirsty

    Thirsty Frequent Poster

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    Talk to your landlord, let them know whats happening.

    Give plenty of notice, keep the place clean & tidy, facilitate viewings.

    Unless you are in a very hard to let area, I doubt your landlord will be left with an empty property.

    A bit of a chat & give and take works wonders.
     
    Purple and MsCutha like this.
  5. MsCutha

    MsCutha Registered User

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    Thanks Thirsty. We have our couches, dining tables, etc as the ones in the house was really bad. I will talk to the agents, thanks again.
     
  6. Thirsty

    Thirsty Frequent Poster

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    Put yr stuff into storage and return what was there.
     
  7. PaxmanK

    PaxmanK Frequent Poster

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    If you ask to assign the lease you have to put it in writing, though not sure about that.

    Then your landlord might take a couple of weeks to say yes or no. If/when he says no, then you can give your notice, but you must move out on the day in your notice. If you don't I guess it resets again.

    So take the timing into consideration when doing this.
     
  8. MsCutha

    MsCutha Registered User

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    Thanks for the replies. Just sent the letter yesterday hoping to be out by the 28th Dec.
     
  9. Thirsty

    Thirsty Frequent Poster

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    That's making it very awkward for your landlord - and certainly not what I would consider "a chat and a bit of give & take"
     
  10. Bronte

    Bronte Frequent Poster

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    How is it awkward for the Landlord? The OP needs to move and is entitled to do so.
     
  11. Thirsty

    Thirsty Frequent Poster

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    Many people would be off work or away during the Christmas break.

    The OP asked about reassigning the lease - my suggestion was to be helpful & much can be achieved by a chat and discussion.
     
  12. PaxmanK

    PaxmanK Frequent Poster

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    If you are reassigning the lease dont you have to have taker to offer the landlord?
    Otherwise there is no point trying to rdassign.
    And the landlord will take some time to do vetting before they say yes or no.
    Then if the landlord refuses you can give your notice.

    Before you start thinking about playing games with your landlord ask yourself will you need them as a reference in future.
    People now ask for references from your 2 previous landlords. Thsy just ignore what the current landlord says as he might want to get rid of thwm. It's on the next let after that you we will need a reference from your current landlord., So don't burn that bridge.
     
  13. MsCutha

    MsCutha Registered User

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    We are renting from a letting agency. Not playing games or anything. We are buying a house and will be moving soon. We originally planned on buying next year but due to circumstances we need to buy now and it has happened much quicker than we anticipated. We have references from our previous landlord landlord from 2009 and more recently 2017.
     
  14. Bronte

    Bronte Frequent Poster

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    The landlord has plenty of notice to sort this out. The world doesn't stop just because Ireland shuts down at Christmas. Landlord can have a tenant ready to go if MsCutha allows viewings which I don't see why she wouldn't.

    But contrairely MsCutha would be naive to think she will get into her new property around the 28th December. Banks, solicitors, auctioneers, state offices that might be needed for closing documents all very trickey to have all them ducks in a row the Friday after Christmas heading into another bank holiday weekend of the New Year. In fact I can't imagine a worse week.

    Sounds like added pressure for zero benefit. I've seen people want to get in for x date, be that xmas or New Year. Stress with a capital S.
     
  15. Bronte

    Bronte Frequent Poster

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    Landlord references aren't worth twpence. And what does she need a reference for, she's becoming an owner. OP is not playing any games. She's entitled to give notice and entitled to leave.

    Landlord's don't want the lease reassaigned, far better to pick your own tenant with a new lease. Plus it's a landlord's market.
     
  16. PaxmanK

    PaxmanK Frequent Poster

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    that's my point about landlords ignoring references from current landlords but giving added weight to those from second and third most recent.

    You will write a great reference to get them out.
    But after you have them out you will tell the true story if another landlords calls you. And they will always call nowadays rather than take the written one.

    But I suppose if the op is buying they wont need a reference anyway. so in this case it doesn't matter.
     
  17. Thirsty

    Thirsty Frequent Poster

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    Really?

    I thought you said "