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Lease Up - What to do next?

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  • 30-07-2012 10:29am
    #1
    wicklowwonder
    Registered Users Posts: 1,504 ✭✭✭


    I just realised the year lease we signed on our apartment is up next week. We haven't handed in any notice and we don't want to leave, in fact we have had no real contact with the landlords for the past few months and it is perfect situation. What happens now, should I make contact and let them know our intentions to stay or if we just let the lease lapse what rights have I got or position am I in? It would be handy to have a rolling month by month lease whereby we just hand in 30 days notice if we decide to leave, does that happen now? Anyone else any experiences or advice?

    Thanks


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    #2
    Victor
    Registered Users Posts: 78,402 ✭✭✭✭Victor


    Notice periods are governed by your lease and the Residential Tenancies Act 2004. http://www.threshold.ie/download/pdf/residential_tenancies_act_2004_a_quick_guide.pdf

    As you have been there 6 or more months, but less than 1 year, each side is required to give 35 days notice. This will increase to 42 days from next week (1 year or more
    but less than 2 years). It you want the landlord to agree 30 days (he can't force you to agree to 30 days and you can't agree to it), you need an addendum (a simple letter should suffice) to the lease.

    When actually leaving, shorter notice periods can be agreed if both parties want.


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    #3
    wicklowwonder
    Registered Users Posts: 1,504 ✭✭✭wicklowwonder


    Victor wrote: »
    Notice periods are governed by your lease and the Residential Tenancies Act 2004. http://www.threshold.ie/download/pdf/residential_tenancies_act_2004_a_quick_guide.pdf

    As you have been there 6 or more months, but less than 1 year, each side is required to give 35 days notice. This will increase to 42 days from next week (1 year or more
    but less than 2 years). It you want the landlord to agree 30 days (he can't force you to agree to 30 days and you can't agree to it), you need an addendum (a simple letter should suffice) to the lease.

    When actually leaving, shorter notice periods can be agreed if both parties want.

    Thanks Victor, that sounds perfect, really no need for me to sign a new lease so or even really contact them, just continue to pay rent. Thanks for your help.


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    #4
    Gary The Gamer
    Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    You should probably contact them as besides courtesy they could also sue you for any costs incurred in attempting to relet. Unlikely, however.


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    #5
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Gary The Gamer wrote: »
    You should probably contact them as besides courtesy they could also sue you for any costs incurred in attempting to relet. Unlikely, however.

    ?? Twice now we have been in a similar situation and just let things lie. Part 4 tenancy comes in anyways so your concern does not apply. This is covered by tenancy law.Many prefer to do this.

    We are a year now without a lease and no problems


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    #6
    Gary The Gamer
    Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    Graces7 wrote: »
    ?? Twice now we have been in a similar situation and just let things lie. Part 4 tenancy comes in anyways so your concern does not apply. This is covered by tenancy law.Many prefer to do this.

    We are a year now without a lease and no problems

    You are misinformed unfortunately. Have a read of this to find the relevant legislation. I will give you the answer later on if you can't find it.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html


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    #7
    Gary The Gamer
    Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    Ok, answer time for those who couldn't find it.
    Proposed overholding under a fixed term tenancy.
    195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.

    (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.

    (4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.

    (5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.


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    #8
    wicklowwonder
    Registered Users Posts: 1,504 ✭✭✭wicklowwonder


    Gary The Gamer wrote: »
    Ok, answer time for those who couldn't find it.
    Proposed overholding under a fixed term tenancy.
    195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.

    (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.

    (4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.

    (5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.

    But it is up next week, so he could sue anyway? I haven't let him know yet, also surely it works both ways that I can't just walk after the year without serving a months notice and he can't just try to key the property without serving a months notice on me? I will have a courtesy chat with them tomorrow but really am just happy the way things are.

    Thanks for all your answers folks!


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    #9
    Gary The Gamer
    Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    As I said it is a small point. The reason be behind the law is that you are allowed to leave at the end of a fixed term lease without notice. So in some cases the landlord might assume you are going at the end and might plan accordingly.


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    #10
    wicklowwonder
    Registered Users Posts: 1,504 ✭✭✭wicklowwonder


    Gary The Gamer wrote: »
    As I said it is a small point. The reason be behind the law is that you are allowed to leave at the end of a fixed term lease without notice. So in some cases the landlord might assume you are going at the end and might plan accordingly.

    thanks I will call in this evening on my way home and have a chat with them.


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