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Leaving rented accommodation

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  • 14-02-2012 8:44pm
    #1
    Registered Users Posts: 5


    Hey,

    I am in rented accommodation and have been since September for college. I never actually signed a lease and have paid a deposit. The problem is I have work experience this year so I have no need to be in the property after March and really cannot afford to be. I was wondering what would happen if I was to move out? How much notice should I give and will I get my deposit back etc?

    Cheers!


Comments

  • Registered Users Posts: 1,909 ✭✭✭Agent J


    No lease & less than 6 months? 28 Days

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

    Do it both verbaly & in writing. Assuming all bills paid/ no damage you should get your deposit back.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Halo3e wrote: »
    Hey,

    I am in rented accommodation and have been since September for college. I never actually signed a lease and have paid a deposit. The problem is I have work experience this year so I have no need to be in the property after March and really cannot afford to be. I was wondering what would happen if I was to move out? How much notice should I give and will I get my deposit back etc?

    Cheers!

    Did you verbally agree to an end date of your lease - if you did, then you have a verbal fixed term lease; if you didn't then you probably have a Part 4 lease. Then we can confirm the 28 days as suggested by Agent J.

    As you have not signed a lease, did you get a Rent book? As there is no written lease to provide all the information required for a rent book then a rent book is obligatory.


  • Registered Users Posts: 5 Halo3e


    I cant recall ever saying how long I was to stay there or her ever mentioning when I was expected to be moving out. Although I did say that I may have to move out in March in November and she said that that was my problem not hers basically but we have never agreed as to how long I am supposed to be a tenant there.

    I also do not have a rent book, I just go in and pay once a month and get a receipt, that's it.

    I need to get my deposit back, can she refuse to return it as I have a receipt for it and I was never asked to sign a lease or was given a rent book?


  • Registered Users Posts: 1,305 ✭✭✭nibtrix


    Halo3e wrote: »
    I cant recall ever saying how long I was to stay there or her ever mentioning when I was expected to be moving out. Although I did say that I may have to move out in March in November and she said that that was my problem not hers basically but we have never agreed as to how long I am supposed to be a tenant there.

    I also do not have a rent book, I just go in and pay once a month and get a receipt, that's it.

    I need to get my deposit back, can she refuse to return it as I have a receipt for it and I was never asked to sign a lease or was given a rent book?

    Are you planning on leaving the end of march? Why don't you give notice now, stating your leaving date (in writing) and see what the landlord says? The landlord might be fine and agree to repay the deposit (which you are entitled to if you are on a part 4 tenancy).

    If they start kicking up a fuss you can consider what to do i.e. lodge a prtb dispute/withhold the last months rent etc. If you can show you've given ample notice it'll help your case in a prtb dispute, and you never know, the landlord may just accept that you are leaving and not cause a fuss. No point in making work for yourself until you know what's going to happen...


  • Registered Users Posts: 5 Halo3e


    Yeah I am planning on giving notice ASAP I just wanted to ask here to see what my situation is as searches on the internet seemed to come up with loads of conflicting results!

    I will probably give her notice next week and see what happens then.


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  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    With no written fixed term lease you are on a part 4 tenancy and are free to give notice (as determined in the link in the first reply). Im not entirely sure what a "verbal fixed term lease" is, but without anything in writing I dont see how the landlord has any chance of proving that you agreed to any kind of fixed term.

    Just make sure that when giving notice you do so properly; in writing, registered post if possible, and keep a copy of all correspondance. If it does end up in a dispute make sure you have as much evidence as possible to show that you followed the proper procedure.


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