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Giving notice with expired lease?

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  • 20-03-2013 5:25pm
    #1
    leakyboots
    Registered Users Posts: 5,989 ✭✭✭


    Quick question - our lease has been up since last summer. We're looking to possibly move out immediately, once we find a new house.

    Are we within our rights to ring the rental company and say we're moving out effective immediately and not lose deposit? Or is there a minimum amount of time you've to give?


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    #2
    ElleEm
    Closed Accounts Posts: 3,981 ✭✭✭ElleEm


    I don't know the legalities, someone else would be best to answer on that, but I think it is common decency to give at least a month's notice.


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    #3
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    you are in a part 4 agreement now. Different notice periods apply

    Assuming the original lease was 1 year your notice period is 6 weeks


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    #4
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    See here. Looks like 6 weeks notice required.

    If the LL can re-let quickly, you might be able to get away with less, but I doubt it. Doesn't hurt to ask.


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    #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    leakyboots wrote: »
    Quick question - our lease has been up since last summer. We're looking to possibly move out immediately, once we find a new house.

    Are we within our rights to ring the rental company and say we're moving out effective immediately and not lose deposit? Or is there a minimum amount of time you've to give?
    If you remained in the property when the fixed term lease expired and have not signed a new lease, then you are covered by Part 4 legislation which does afford you thr right to give notice and leave (whereas, with a fixed term lease you may only exit by assignment.

    In order to retain your deposit, you need to give notice in writing and as you have been in occupancy for more than 1 year but less than 2 years, the notice period is 42 days (six weeks as has been stated by previous posters).

    The 42 day notice period is required by law but may be negotiated by mutual agreement at the time or immediately prior to your Notice of Termination.

    A Part 4 agreement may, like a fixed term agreement, be assigned but it is your responsibility to find the new tenant and to pay any costs involved. If the landlord refuses an assignment, you are free to leave after 28 days written notice.


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    #6
    leakyboots
    Registered Users Posts: 5,989 ✭✭✭leakyboots


    Cheers guys. We've been having some issues with the owners of the building and have had enough and are looking for the quickest way out without losing deposit.

    Bit mad to think that you need to give more notice when you're out of lease than on lease.

    42 days.. christ


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    leakyboots wrote: »
    Bit mad to think that you need to give more notice when you're out of lease than on lease.

    42 days.. christ

    Unless your lease specifies otherwise there is no notice period you can give to break a fixed term lease. A fixed term lease is just that, unless your landlord gives you expressed permission to break it early (something they are not obliged to do and many won't).


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    #8
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    OP has been in the property over a year. Therefore, he is a Pt 4 tenant, and the 42 day notice period applies.


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    #9
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    leakyboots wrote: »
    Cheers guys. We've been having some issues with the owners of the building and have had enough and are looking for the quickest way out without losing deposit.

    Bit mad to think that you need to give more notice when you're out of lease than on lease.

    42 days.. christ
    You are not out of a lease - when you have been in a property for 6 months, you automatically acquire a Part 4 tenancy with the right to remain in the property for a total of 4 years. However, these rights do not give you the same security of tenure as a fixed term lease. Therefore, at the expiry of the fixed term, if you do not sign a new lease, your Part 4 tenancy that you acquired after 6 months, continues until you vacate. If you remain in the property for more than 2 years then your notice period is 56 days.

    Furthermore, if you had signed a new fixed term lease at the expiry of the first one, you would have to remain in the property until the expiry of that second lease - another full year - there is no way of giving notice and moving out when you are in a fixed term agreement (except by assignment).

    So which would you prefer, to stay for the full second year or be able to give just 42 days notice?


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