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I am a bit stressed out. Notice to my current landlord?

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  • 21-06-2011 7:24pm
    #1
    ShadowHearth
    Registered Users Posts: 22,929 ✭✭✭✭


    Hey again lads. Long story short I have given deposit to EA and all documentation to bank. Waiting or my solister to get documentation to continue.

    All that was done on Monday.

    Here's the problem:

    We don't have signed lease anymore. It expired 1 year ago. So we just need 1 month notice t our landlord. We pay 25th all the time and we were planing on moving before 25th. I could give my notice in next few days.

    Things is I am a bit scared that documentation wont be complete by that date! It repossessed property so hopefully there wont be any hick ups. I don't want to get In situation where I gave notice, but still don't have keys from my new home. And will be pretty much cought in limbo...

    Ant advice lads? Maybe I just give notice for 1.5 month to be on safe side? Every penny saved will go towards our home, so I really don't want to waste 650eu or months rent, which I could spend on stuff I need for home.


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    #2
    testicle
    Closed Accounts Posts: 5,430 ✭✭✭testicle


    Because your lease has expired, you're under what's known as a Part 4 tenancy, and your notice period is actually 42 days.


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    testicle wrote: »
    Because your lease has expired, you're under what's known as a Part 4 tenancy, and your notice period is actually 42 days.

    Because your lease has expired and no new written lease exists, you are now on a Periodic Lease which runs from rent period to rent period (in your case, monthly, from 25th of month to 24th of following month). At the end of a rent period, the Periodic lease terminates and a new Periodic lease commences - and so it continues on a monthly basis until either the tenant or landlord decides otherwise.
    Thus, I would consider that a rent period (i.e. here, one month) is the correct notice period to give.

    To gain a Part 4 tenancy the tenant should advise the landlord in writing that he/she wants a Part 4 tenancy lease:

    From RTA 2004
    (2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.

    (3) That notification shall not be made to the landlord—
    (a) any later than 1 month before, nor
    (b) any sooner than 3 months before,
    the expiry of the period of that tenancy.


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    #4
    ShadowHearth
    Registered Users Posts: 22,929 ✭✭✭✭ShadowHearth


    I am actuolly more worried about getting cought with pants down. If I say one month and I wont tethers by then I will be in a right crap situation.

    Hiw did you do lads? Or you just went for safe bet and took extra month after you got keys?


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    #5
    muletide
    Registered Users Posts: 1,506 ✭✭✭muletide


    If I was in your position - I would just wait until the purchase was complete then serve my notice to my current landlord.

    The extra months rent you will have to pay will buy you peace of mind during what is already a stressful transaction.

    If you have a family that peace of mind is invaluable and will be the best money you spend.

    Also if you have a good relationship with your landlord then it might be no harm just to let heim know that you will be moving at some point in the near future (without specifying a specific date). This allows him to weigh up his options and is a much fairer approach to the whole event, this will also stand to you when it comes to the return of your deposit.


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    #6
    smelltheglove
    Registered Users Posts: 4,503 ✭✭✭smelltheglove


    muletide wrote: »
    If I was in your position - I would just wait until the purchase was complete then serve my notice to my current landlord.

    The extra months rent you will have to pay will buy you peace of mind during what is already a stressful transaction.

    If you have a family that peace of mind is invaluable and will be the best money you spend.

    Also if you have a good relationship with your landlord then it might be no harm just to let heim know that you will be moving at some point in the near future (without specifying a specific date). This allows him to weigh up his options and is a much fairer approach to the whole event, this will also stand to you when it comes to the return of your deposit.

    Agreed with the above, having the overlap of time between houses means it is a hell of a lot easier to move things bit by bit rather than all in one go, I only ever had one move where I had to be gone by a certain day and time and it was a nightmare, even if you give yourselves an overlap of 2-3 weeks if there is a dealy in signing then you will still have a few days to move all your things from one house to the next.

    Best of luck with it all.


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    #7
    djmcr
    Closed Accounts Posts: 237 ✭✭djmcr


    Talk to the landlord, he/she may even do a half month for you if they are anyway reasonable


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    #8
    ShadowHearth
    Registered Users Posts: 22,929 ✭✭✭✭ShadowHearth


    Cheers lads.

    Just had a wee chat with misses. I know we want to safe money and move in to house and do stuff there while we in, but we all know what happens when you try to rush events.

    I guess we will wait and give notice on 1 month when we get keys. Our landlord and the actuoll owner of this house are very good. So I don't want to be a "dick".

    In extra month we will paint, put tiles in kitchen, sort out outside, buy all appliances with no rush and actuoll pleasure. Better safe, then sorry.

    Thanks!


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    #9
    smelltheglove
    Registered Users Posts: 4,503 ✭✭✭smelltheglove


    If I were you I would also let the landlord know now that you will be moving due to buying your house and that you will give them a months notice when the time comes, let them be prepared, you never know they could have a family friend looking for a house to rent...


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    #10
    ShadowHearth
    Registered Users Posts: 22,929 ✭✭✭✭ShadowHearth


    smelltheglove wrote: »
    If I were you I would also let the landlord know now that you will be moving due to buying your house and that you will give them a months notice when the time comes, let them be prepared, you never know they could have a family friend looking for a house to rent...

    Yup. I will try to do as best as possible. I even ask friends if someone is looking for a house to rent, as it's really damn good place! Lovely people to rent off.


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