Can a Landlord Refuse a Replacement Flatmate in Ireland?
General legal information for Ireland. Last updated 1 October 2026.
Possibly, yes, but it is not clear-cut. The Residential Tenancies Board (RTB) says a replacement flatmate normally joins the existing tenancy, but whether your landlord can refuse a particular person may depend on your lease. Some landlords now refuse swaps outright, so check your tenancy agreement and ask in writing before a flatmate leaves.
What the RTB says about replacing a flatmate
The RTB has said that when one tenant leaves a house-share and is replaced, the new tenant joins the existing tenancy rather than starting a new one. It has also said a new tenancy can only begin once all of the original tenants have moved out, and that landlords can hold only one tenancy per dwelling. It added that individual leases may need to be assessed case by case to decide whether a landlord can refuse a replacement.
Why some landlords are saying no
Since 1 March 2026, new rent rules allow landlords to reset rent to market level between tenancies. Reports in April 2026 said Ireland’s largest landlord, Ires Reit, had a policy of not permitting new tenants to be added to existing leases. Tenants in that position can be left covering the vacant room or leaving. Whether a refusal is lawful in a given case depends on the lease and the legislation, so it may need to go to the RTB.
Is adding a flatmate “subletting”?
The RTB says that having a flatmate or housemate who shares the property and facilities with you is not subletting. Subletting and assignment, by contrast, require the landlord’s consent, and the landlord can refuse. If a landlord refuses a subletting or assignment request, the RTB says the tenant can end the tenancy by serving a notice of termination.
What you can do
Read your tenancy agreement for clauses on adding or replacing occupants. Ask the landlord in writing before your flatmate leaves, and keep the reply. Agree between housemates who finds the replacement and how the deposit is settled. Our guide to housemates agreements in Ireland explains what to cover, and our Housemates or Flatmates Agreement sets it all out in writing.
Frequently asked questions
Can a flatmate just leave and be replaced without telling the landlord?
You should not assume so. Check your lease and tell the landlord in writing. Doing it without telling them risks a dispute over who is a tenant and who is responsible for rent.
Is a flatmate swap the same as subletting in Ireland?
According to the RTB, no. A flatmate who shares the property and facilities with you is not treated as a subletting.
Who gets the deposit when a flatmate leaves?
The deposit is held under the tenancy, so it is returned at the end of the tenancy. What you owe each other is a matter for your own housemates agreement.
This is general information, not legal advice. For advice on your situation, read our guide to a consultation with a solicitor of your choice.
