Fixed Lease - Always possible to reassign?

[TTI]

Hi,

If I understand correctly, it is always possible to get out of a fixed term lease through reassignment (or the refusal of the landlord and thereby ending the fixed term lease) without losing the security deposit? I've never had one before so I'm just covering all my options.


http://www.threshold.ie/advice/ending-a-tenancy/getting-someone-to-replace-you/

As a tenant, you cannot assign or sub-let without the landlord's written consent. However, you may terminate the tenancy if your request to assign or sublet is refused. It is advisable to get any refusal in writing.

It is important to decide if you want to assign or sublet your tenancy.


Assignment is where you find someone to replace you and you leave the tenancy; the person who replaces you becomes the tenant of the landlord. A new tenancy cycle begins and you no longer have any responsibilities under the tenancy.

 

[facetious]

Yes, a tenant may always get out of a fixed term lease by assigning the remainder of the lease. The tenant is liable for any expenses involved. However, in Ireland, an assignment is rarely done with all the legalities: namely by a deed of assignment (which would be at the cost of the tenant). This cost could be included in a clause of the lease say €50/€75/€100 or whatever you wish.

A landlord does not have any option (bar a suitable break clause) of exiting a fixed term lease. His only legal way would be to buy out the lease from the tenant.

In my opinion, Irish landlords do not do sufficient inspections of their properties. If they did, they might find the tenant to be in breach of his obligations and be able to terminate a fixed term lease early. During these inspections, any damage to the property, late rent payments etc. can be discussed directly with a tenant