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 Post subject: Re: Penalties for breaking a lease
PostPosted: Mon Aug 13, 2012 8:53 pm 
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Keep making those phone calls, asking around, etc., and you should eventually come to some sort of win-win arrangement for both a landlord and yourself.

As soon as you find something suitable, grab onto it without delay.

You might have better luck finding such an arrangement if you avoid the property letting companies/agents and deal first hand with the landlord or landlady yourself.

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 Post subject: Re: Penalties for breaking a lease
PostPosted: Mon Aug 13, 2012 9:03 pm 
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doubleglaze wrote:
You might have better luck finding such an arrangement if you avoid the property letting companies/agents and deal first hand with the landlord or landlady yourself.


+1, although this obviously limits the properties you can look at. You need to approach this a bit subtly... asking over the phone will just get you a PFO. If you find a place you like, make an offer but ask for the break clause then. At that point an agent may well take it back to the landlord, if they know you're serious.

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 Post subject: Re: Penalties for breaking a lease
PostPosted: Mon Aug 13, 2012 9:13 pm 
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Orlagh1 wrote:
The short term let companies were not on holiday I meant all the short term let were let to holiday makers and no I did not meet six landlords I meet two agents and spoke to four over who rang me to clarify my position as I sent email outlining my situation in the interest of honesty as suggested

Why don't you pay an EA to find you a property. They know the market and the Landlords who might consider a short term let.


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Mon Aug 13, 2012 10:21 pm 
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Landlord wrote:
Orlagh1 wrote:
The short term let companies were not on holiday I meant all the short term let were let to holiday makers and no I did not meet six landlords I meet two agents and spoke to four over who rang me to clarify my position as I sent email outlining my situation in the interest of honesty as suggested

Why don't you pay an EA to find you a property. They know the market and the Landlords who might consider a short term let.






I would definitely consider doing that if it is an option any suggestions about what EA in south Dublin would be a good option ie would have a good list of potential properties and who would be open to it


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 7:19 am 
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Will pm some contacts


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 7:59 am 
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Thanks will try them


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 8:09 am 
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We are going through a bit of a similar situation right now, we just renewed our lease for a year but on the day we signed a house in the right area for the right price popped up and we are now in negotiations. Our landlord won't be happy about it but I'm going to go down the offer to assign or sublet road because it's only really fair. Hopefully because we are in the city centre we shouldn't have too much trouble...


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 8:50 am 
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Orlagh1 wrote:
Thanks will try them


Awww LL and Orlagh1 you're making me all teary eyed here.

Best of luck.


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 8:58 am 
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As a landlord I would be happy with this arrangement.

So as to avoid any issues in the future between the new tenant and the Landlord it would be ideal to get a letter confirming the property was in good condition on the lease assignment (ie you would have got your full deposit back without any deductions for breakages and damage).

To the best of my knowledge you remain liable for any updaid rent under the original lease as lead tenant. In an ideal world the landlord would agree to provide a new lease and thus removing any potential future problems


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 8:59 am 
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blown-in wrote:
Orlagh1 wrote:
Thanks will try them


Awww LL and Orlagh1 you're making me all teary eyed here.

Best of luck.

Synic :wink:


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 9:13 am 
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Landlord wrote:
As a landlord I would be happy with this arrangement.

So as to avoid any issues in the future between the new tenant and the Landlord it would be ideal to get a letter confirming the property was in good condition on the lease assignment (ie you would have got your full deposit back without any deductions for breakages and damage).

To the best of my knowledge you remain liable for any updaid rent under the original lease as lead tenant. In an ideal world the landlord would agree to provide a new lease and thus removing any potential future problems


Well it's assign or sublet, surely I'd only be liable if I sublet (which wouldn't be ideal if I'm buying a house, I'd want to wash my hands of the rental asap). If I found a new tenant to assign the property to then the lease would be drawn up between them and the landlord.


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 10:02 am 
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newwiring wrote:
Landlord wrote:
As a landlord I would be happy with this arrangement.

So as to avoid any issues in the future between the new tenant and the Landlord it would be ideal to get a letter confirming the property was in good condition on the lease assignment (ie you would have got your full deposit back without any deductions for breakages and damage).

To the best of my knowledge you remain liable for any updaid rent under the original lease as lead tenant. In an ideal world the landlord would agree to provide a new lease and thus removing any potential future problems


Well it's assign or sublet, surely I'd only be liable if I sublet (which wouldn't be ideal if I'm buying a house, I'd want to wash my hands of the rental asap). If I found a new tenant to assign the property to then the lease would be drawn up between them and the landlord.


That's technically not "assignment", it's a new lease with the old one being torn up.

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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 10:21 am 
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evilal wrote:
newwiring wrote:
Landlord wrote:
As a landlord I would be happy with this arrangement.

So as to avoid any issues in the future between the new tenant and the Landlord it would be ideal to get a letter confirming the property was in good condition on the lease assignment (ie you would have got your full deposit back without any deductions for breakages and damage).

To the best of my knowledge you remain liable for any updaid rent under the original lease as lead tenant. In an ideal world the landlord would agree to provide a new lease and thus removing any potential future problems


Well it's assign or sublet, surely I'd only be liable if I sublet (which wouldn't be ideal if I'm buying a house, I'd want to wash my hands of the rental asap). If I found a new tenant to assign the property to then the lease would be drawn up between them and the landlord.


That's technically not "assignment", it's a new lease with the old one being torn up.


From Threshold "Assignment is where you leave the tenancy and you find a replacement who becomes the tenant of the landlord. A new tenancy cycle begins and you no longer have any responsibilities to the tenancy."

Which is pretty much what I said..


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 10:39 am 
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newwiring wrote:
evilal wrote:
newwiring wrote:
Landlord wrote:
As a landlord I would be happy with this arrangement.

So as to avoid any issues in the future between the new tenant and the Landlord it would be ideal to get a letter confirming the property was in good condition on the lease assignment (ie you would have got your full deposit back without any deductions for breakages and damage).

To the best of my knowledge you remain liable for any updaid rent under the original lease as lead tenant. In an ideal world the landlord would agree to provide a new lease and thus removing any potential future problems


Well it's assign or sublet, surely I'd only be liable if I sublet (which wouldn't be ideal if I'm buying a house, I'd want to wash my hands of the rental asap). If I found a new tenant to assign the property to then the lease would be drawn up between them and the landlord.


That's technically not "assignment", it's a new lease with the old one being torn up.


From Threshold "Assignment is where you leave the tenancy and you find a replacement who becomes the tenant of the landlord. A new tenancy cycle begins and you no longer have any responsibilities to the tenancy."

Which is pretty much what I said..

Perhaps speak to your solicitor.

I believe you have signed the fixed term lease which is in addition obligation to Part IV tenancy, etc.


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 Post subject: Re: Penalties for breaking a lease
PostPosted: Tue Aug 14, 2012 10:48 am 
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newwiring wrote:
evilal wrote:
newwiring wrote:
Landlord wrote:
As a landlord I would be happy with this arrangement.

So as to avoid any issues in the future between the new tenant and the Landlord it would be ideal to get a letter confirming the property was in good condition on the lease assignment (ie you would have got your full deposit back without any deductions for breakages and damage).

To the best of my knowledge you remain liable for any updaid rent under the original lease as lead tenant. In an ideal world the landlord would agree to provide a new lease and thus removing any potential future problems


Well it's assign or sublet, surely I'd only be liable if I sublet (which wouldn't be ideal if I'm buying a house, I'd want to wash my hands of the rental asap). If I found a new tenant to assign the property to then the lease would be drawn up between them and the landlord.


That's technically not "assignment", it's a new lease with the old one being torn up.


From Threshold "Assignment is where you leave the tenancy and you find a replacement who becomes the tenant of the landlord. A new tenancy cycle begins and you no longer have any responsibilities to the tenancy."

Which is pretty much what I said..


Doesn't make it right :-)

Assignment technically means you sign over the same lease to a new tenant (with approval of the landlord) and they take on the rights and obligations. What Threshold describe is different; one key difference is that a true assignment will not start a new "tenancy cycle" in terms of the term; the new tenant will just serve out the rest of the existing term. Also, in a true assignment, the new tenant will be entitled to your deposit back, rather than it going to you, absent any other arrangements.

Calling it an assignment is *approximately* right but not quite; so just be careful using the word in case the landlord thinks you're saying something different to what you actually mean. Better to use "new lease" to avoid any ambiguity.

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