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Notice required for fixed term lease?

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  • 29-08-2012 8:41pm
    #1
    Registered Users Posts: 2,355 ✭✭✭


    Hi,
    Our 1 year fixed term lease is up at the end of the month. Because it is a fixed term, I was under the impression that no notice was required?
    Surely it is a given that the lease is up at the end of the year, regardless of notice?
    Is that correct?


Comments

  • Registered Users Posts: 2,355 ✭✭✭cruhoortwunk


    I did some searching, and it looks like not notice is required, as aI suspected.
    No idea why my letting agent would bull**** me and say that a months notice is required


  • Registered Users Posts: 6,794 ✭✭✭cookie1977


    I did some searching, and it looks like not notice is required, as aI suspected.
    No idea why my letting agent would bull**** me and say that a months notice is required

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html
    Tenants can terminate a tenancy without giving a reason but must give notice.

    Length of tenancy - Notice by tenant
    Less than 6 months -4 weeks (28 days)
    6 months to 1 year -5 weeks (35 days)
    1 – 2 years -6 weeks (42 days)
    2 or more years -8 weeks (56 days)


    If tenants have a fixed-term agreement or a lease, they are also subject to the terms of this agreement. This means they may lose their deposit if they leave before the term stated in the lease, even if they give the correct amount of notice.

    Have a read of your lease agreement too.


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


    cookie1977 wrote: »
    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

    Quote:
    Tenants can terminate a tenancy without giving a reason but must give notice.

    Length of tenancy - Notice by tenant
    Less than 6 months -4 weeks (28 days)
    6 months to 1 year -5 weeks (35 days)
    1 – 2 years -6 weeks (42 days)
    2 or more years -8 weeks (56 days)


    If tenants have a fixed-term agreement or a lease, they are also subject to the terms of this agreement. This means they may lose their deposit if they leave before the term stated in the lease, even if they give the correct amount of notice.

    Have a read of your lease agreement too.

    Your quote regarding notice periods ONLY apply to PART4 leases/tenancies. They do not refer to FIXED TERM leases. There is NO correct notice period in respect to breaking a fixed term lease unless it is for a breach of the landlord's obligations, in which case the notice period is 28 days.

    OP, you are absolutely correct that a fixed term leases does not require any notice if the tenant is vacating at the end of the lease. There are too many letting agents/estate agents do not know the RTA 2004.

    However, it is polite to advise the landlord. Furthermore, it is advisable, so that arrangements can be made for an inspection of the property so that any problems pertaining to damage, cleanliness of the property can be sorted before the final inspection, after all, I presume you would like your entire deposit returned.


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


    No notice required, it's courtesy to let them know you are going.


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