Renting but no contract

ChicaLinda

Hi Folks,

Need some advice regarding where I stand at the moment.
I am sharing an apartment with 3 other people. I have lived here for 4 years. When I moved in I signed a contract for 12 months but since then, I have not signed anything.

I now need to leave the apartment due to problems being caused by the other tenants.

Do I need to give notice to landlord? If I was to just leave, what could happen? I know I would lose my deposit but is there anything else?

3 weeks ago I contacted the landlord in writing regarding the bad situation in the apartment and he has ignored me. In short, the other tenants are not contributing to the upkeep of the flat, they have broken furniture, making noise in the early hours. When I tried to discuss it with them, they became aggressive so I no longer feel safe there and want to leave asap.

Also, I am named as the account holder for the ESB, is there a way of changing this to one of the other tenants names?

Thanks in advance, any advice will be appreciated.

CL

D3PO

if your there over 4 years you owe 112 days notice. If you dont give that notice you will obviously lose your deposit.

Legally the landlord could chase you for the remaining money but Id say its unlikely. As for the ESB if you ring then and tell them your leaving they will take a readong and sent out a final bill and clsoe down your account.

seamus

Tenants in occupation more than 2 years are only required to provide 56 days notice of intention to terminate.

Delirium

http://www.citizensinformation.ie/categories/housing/renting-a-home/types_of_tenancy#rules

Basically confirms what seamus said.

J-blk

D3PO wrote: »

Legally the landlord could chase you for the remaining money but Id say its unlikely.

What remaining money? If there is no actual contract then yes, I can see the deposit being forfeit without a proper notice but what other remaining money is there? Till the end of another 12 month period? There is no contract to enforce.

D3PO

J-blk wrote: »

What remaining money? If there is no actual contract then yes, I can see the deposit being forfeit without a proper notice but what other remaining money is there? Till the end of another 12 month period? There is no contract to enforce.

so I never signed any contract with the ESB. Does that mean I can just refuse to pay them what I owe without recourse ? ..... erm that would be no.

D3PO

koth wrote: »

http://www.citizensinformation.ie/categories/housing/renting-a-home/types_of_tenancy#rules

Basically confirms what seamus said.

sorry my mistake was reading the wrong part of the document. yes your correct

Delirium

I'm in the process of relocating, and my landlord said 1 month notice would be fine but he was entitled to 56 days.

Best just to talk to the landlord.

seamus

ChicaLinda wrote: »

Also, I am named as the account holder for the ESB, is there a way of changing this to one of the other tenants names?

The best way to do this is to have one of the other tenants ring up with the meter number and change the bill into their name from today and ask the ESB to issue a final bill in your name.

If they don't want to do this/refuse to do this, then you ring up the ESB and tell them that you will be vacating the premises from X date. At that point your name will be off the bill, and what happens after that is none of your concern.

J-blk

D3PO wrote: »

so I never signed any contract with the ESB. Does that mean I can just refuse to pay them what I owe without recourse ? ..... erm that would be no.

You sign a contact with the ESB when you open your account. The ESB (or other bills) contract is not the same - as it's open ended. Most property is leased on a 12 month fixed lease. Once the lease expires, a landlord can offer another one and so on. If there is no such contract, how would a landlord pursue you? The only thing they have in writing is the agreement for the original 12 months.

D3PO

J-blk wrote: »

You sign a contact with the ESB when you open your account. The ESB (or other bills) contract is not the same - as it's open ended. Most property is leased on a 12 month fixed lease. Once the lease expires, a landlord can offer another one and so on. If there is no such contract, how would a landlord pursue you? The only thing they have in writing is the agreement for the original 12 months.

you become a part 4 tennant and are therfore governed by the laws of a part 4 tennancy. You have obligations as a landlord and a tennant under this and just becaue your outside of your fixed term doesnt absolve you from these.

Ok a better example would be NTL, you sign a 12 month contract for a service after which the service continues and you continue to pay. You have the right to cancel this service with notice at that point the same as you do with a part 4 tennancy but you cant just decide you dont want the service anymore and stop paying.

Like I said its unlikely anybody would chase you for the outstanding notice period but technically they could via the small claims court.

J-blk

Well, I looked back at my post and I didn't phrase it correctly but I did assume the same thing. If you give proper notice and no other fixed term lease is in place, you're free to go.

Though even under a part 4, if you leave without notice (not that I'm advocating it) and the landlord keeps the deposit, I can't see any landlord pursuing what... another 26 days worth of rent? If on the other hand a tenant was under a current 12 month lease, I would very much expect a landlord to now pursue for remaining however many months rent (and rightfully so).

MCMT

J-blk wrote: »

Well, I looked back at my post and I didn't phrase it correctly but I did assume the same thing. If you give proper notice and no other fixed term lease is in place, you're free to go.

Though even under a part 4, if you leave without notice (not that I'm advocating it) and the landlord keeps the deposit, I can't see any landlord pursuing what... another 26 days worth of rent? If on the other hand a tenant was under a current 12 month lease, I would very much expect a landlord to now pursue for remaining however many months rent (and rightfully so).

Agree, you should probably accede your deposit and give your notice.

If you were in a fixed-term contract and needed to leave because of a change in circumstance, you could find a replacement, give your notice and get your deposit back. You're not in that position but you could speak with the landlord, explain the situation and try find a replacement in exchange for your deposit. If s/he is reasonable they wouldn't really have any problem with this.