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If a landlord issues notice to vacate...

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  • 26-11-2012 10:04am
    #1
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭


    This is purely hypothetical; just something I was thinking about this morning.

    If you are on a part 4 tenancy and your landlord issues notice to vacate, is the tenant obliged to remain in the property and pay rent for the duration of the notice? So say for example if a tenant pays their rent for December on 1st Dec and on the same day the landlord issues the required 35 days notice to vacate; if the tenant were to find a new property to move into a week later and could move in immediately, would they be entitled to look for 28 days worth of rent to be refunded from the landlord, or would the tenant be expected to see out the duration of the notice period?

    Probably not so relevant for a shorter notice period, but would be more of an issue if for a long term tenant who has say been issued 112 days notice.


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    #2
    Victor
    Registered Users Posts: 78,404 ✭✭✭✭Victor


    Normally one party giving notice to end a contract prevents the other party from doing so. However, as the notice periods are different, if the landlord was required to give 112, but the tenant was only required to give 56 days, the landlord couldn't 'lock-in' the tenant for the 112 days, simply by giving notice - it would be absurd and a breach of the tenant's rights.

    There would not normally be any refund of rent paid.


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ah right, I hadnt actually realised that the notice periods were slightly different for tenants.

    So if a landlord issues say 112 days notice to a tenant and the tenant finds a new accomodation a fortnight later the tenant would have to issue 56 days notice (or whatever the normal legal period is based on their time in the tenancy)? Thats what I wasnt sure about; if the tenant could vacate at any point during the notice period that they have been given, or if they themselves have to issue notice.


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    #4
    Victor
    Registered Users Posts: 78,404 ✭✭✭✭Victor


    Oh, the tenant is not obliged to stay, but they are obliged to pay the notice period. :)


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Yup that clears it up! Seems a bit unfair to expect a tenant to pay for 56 days or whatever if they have been asked to leave and have found somewhere else to live, which is what got me thinking.


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