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30 day notice advice please

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  • 08-05-2011 10:39am
    #1
    Registered Users Posts: 222 ✭✭


    Hi all

    Have been renting in my current accommodation for 2 & half years

    We initially had a 6 month contract but obviously stayed on and have been paying month by month since

    We notified the landlord on the 23rd of April that we were moving out the start of June

    We pay our rent on the 14th of every month & I requested that we pay 2 weeks rent on the coming 14th of may so we could move out the 31st of may. The landlord will not agree to this as he claims he will not have someone in for the 1st of June so we have to pay up to the 14th of june even though we plan to move out on the 31st of may?

    Is is within his rights to do this. We gave him well over 30 days notice we were moving out?

    Any suggestions greatly appreciated

    Juansheet


Comments

  • Registered Users Posts: 2,276 ✭✭✭Cheshire Cat


    If you just stayed on after an initial six month contract, you are now in a Part 4 tenancy. This means, that due to the length of the tenancy you should have given 8 weeks (56 days) notice. If the LL lets you get away with paying only another fortnight grab it and run!

    Info here: http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html


  • Registered Users Posts: 2,808 ✭✭✭Ste.phen


    Did you
    a) sign a new lease each year
    b) sign no lease
    c) sign a lease the first year and stay on afterwards

    In a) your notice is whatever your lease says
    in b) or c) it's 56 days, as you've been there for >2 years

    ( http://www.threshold.ie/page.asp?menu=70&page=256 )

    If it's a), It depends on the lease, but if the lease says 30 days' notice, your landlord's in the wrong.
    If it's b) or c), you should have given more notice than you did so may have to pay for 56 days since you notified him you were moving out


  • Registered Users Posts: 2,458 ✭✭✭OMD


    The above posters are correct but I think the landlord is being a bit mean on you. Nevertheless he is within his rights to ask you to pay to the 14 of June but obviously he cannot rent out the property until after the 14 of June so he doesn't really gain a lot.


  • Registered Users Posts: 480 ✭✭not even wrong


    23rd April + 56 days is 18th June, so the landlord is actually letting you off easy.


  • Registered Users Posts: 17,324 ✭✭✭✭Cathmandooo


    Have a read of your lease for the 6 months. I'm in a similar position myself, been here 2.5 years, only signed 1 year lease but wanted to just give 1 months notice.

    There was a clause in my lease saying if we stay on after the year was up that we can either move out, sign another lease, or apply for a part 4 tenancy. But then it said if none of those options were taken that a month to month tenancy would exist with 30 days notice to terminate. Happy days!


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