(a) ... and you're a co-tenant or head tenant

Difficulties can arise where you decide to move out of a shared tenancy, but the remaining occupants want to stay there.

There is no set period of notice that you are required to give co-tenants if you are moving out but it is important to remember that if your name is on the lease you are legally liable for rent until your name is removed. This means that you should make arrangements to 'assign' your interest and responsibility under the agreement to a new tenant or the remaining co-tenants before moving out.

Assignment is permitted under the Residential Tenancies Act and requires the consent of the remaining co-tenants and the landlord. (See the end of the Guide for a sample assignment form.) Alternatively, you could ask your landlord and your former flatmates to end the agreement and for a new agreement to be signed between them.

If these formal options are not possible, you should write to the landlord or agent informing them that you are leaving, that you wish to discharge all your responsibilities in the tenancy, and that the remaining tenants have undertaken to pay the rent (remember to keep a copy for your records). This will not end your legal responsibilities but can be helpful in reducing your liability for damage or rent owing if there is a dispute after you leave.
Ultimately, if you do not legally remove yourself from liability, you could end up being chased by the landlord or real estate agent for any rent owing. You could also be placed on a "bad tenant" database, which may make it difficult to rent a place in the future (See Bad Tenancy Record).

You should make sure that your name is removed from any telephone, electricity or gas accounts. If you don't, you could be held responsible for any bills that come in after you leave and may have difficulty getting services connected later if your flatmates leave any unpaid accounts. Contact the relevant services for information about closing accounts (See contact points).
If all the tenants decide to end the agreement and leave the house, you need to give your landlord 21 days notice in writing if you're on a continuing agreement, or 14 days at the end of a fixed-term agreement.

If you are in a fixed term agreement, generally you're stuck there unless you can get someone to take on the lease, or are prepared to pay the costs for beaking he agreement early. If you desperately need to move out, for example due to violence from a flatmate or other serious hardship you can apply to the Tribunal for an order terminating the residential tenancy agreement between you and your landlord. You will have to show that in the "special circumstances" of the case you would suffer "undue hardship" if the agreement were not terminated.

It's a good idea to write to your landlord/agent at the same time telling them that you intend to apply to the Tribunal under this provision. If the landlord/agent agrees to take your name off the tenancy agreement, you should get this in writing contact your local tenants' service for more information about this law (see contact points).
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


(b) ... and you're a subtenant

A head tenant/subtenant relationship is treated in the same way as a landlord/tenant relationship under the Residential Tenancies Act. This means you have to give 21 days written notice to your head tenant if you want to leave. It's rare for a subtenant to have entered into a fixed-term agreement at the beginning of the tenancy, but if you have you must give 14 days notice at the end of the term or if you want to leave before the fixed term ends you could be liable for certain costs. This can include paying rent until a new tenant is found and any advertising costs involved.

If however you can show there are special circumstances which would cause you to suffer undue hardship if your head tenant won't allow you to break the tenancy agreement early, you can apply to the Tribunal for an urgent termination. Again, contact your local tenants' advice service for information on this law.

If your head tenant has breached the agreement in some way (for example, by invading your privacy or failing to get repairs done), you should contact the Tenants' Union Hotline or your local tenants' service for advice about terminating the agreement (See Contact Points).
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


(c) ... and you're a boarder/lodger

Boarders and lodgers are required to give 'reasonable notice' which generally depends on how regularly you pay rent. For example, if you pay fortnightly you would only need to give two weeks notice on the occasion of paying rent; if you pay weekly, one weeks notice would be adequate. The meaning of 'reasonable' is very much open to interpretation in the law but it's worth giving adequate notice to prevent bad blood and avoid problems with the return of your bond. It can also be a good idea if possible to get your landlord/head tenant to give you a written agreement when you move in to help avoid disputes about appropriate notice and return of the bond when leaving.