Assignment and Subletting
From time to time tenants sign lease agreements but during the tenancy may have to leave for example they can no longer afford the rent etc or have to relocate for employment etc. Normally you cannot terminate a lease unless the landlord is in breach, there is a break clause or both you and the landlord agree to end the lease.
As a tenant, whilst you cannot assign or sub-let without the landlord's written consent, you may terminate the tenancy if they refuse your request. It is advisable to request a refusal in writing.
It is important to know if you are seeking to assign or sublet the tenancy.
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.
Subletting to another person is where you move out, let to a sub tenant who takes your tenancy. You effectively become their landlord but are still responsible for the tenancy to the landlord. For example if the sub tenant fails to pay the rent you will be liable for this. If you wish to return to the property you will have to issue written notice of termination in compliance with the Residential Tenancies Act 2004 on the sub tenant.
What to do
- If you have a lease and wish to assign or sublet write to your landlord
- If your landlord agrees then you will have to find a new tenant or sub tenant
- If your landlord refuses you can issue written notice of termination.