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Minimum notice on tenancy?

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  • 22-06-2013 9:31pm
    #1
    DamagedTrax
    Closed Accounts Posts: 5,277 ✭✭✭


    What is the minimum notice a landlord can give a tenant when out of lease?

    The tenant (a friend of mine) has lived there 18 months (lease ended november 2012). Recently, due to 2 housemates doing a runner (leaving rent and bills owed), she now finds herself with 7 days written notice from the letting agent, at which time they will change the locks.

    This doesnt sound quite legal to me but im not up on landlord/tenant laws.

    Ive had a look on the threshold website but i cant quite find the right info that applies to out of lease situations.

    Any help appreciated.


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    #2
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    DamagedTrax wrote: »
    What is the minimum notice a landlord can give a tenant when out of lease?

    The tenant (a friend of mine) has lived there 18 months (lease ended november 2012). Recently, due to 2 housemates doing a runner (leaving rent and bills owed), she now finds herself with 7 days written notice from the letting agent, at which time they will change the locks.

    This doesnt sound quite legal to me but im not up on landlord/tenant laws.

    Ive had a look on the threshold website but i cant quite find the right info that applies to out of lease situations.

    Any help appreciated.

    Was the lease signed in all of their names?

    Generally, if in arrears, the landlord has to give a valid notice, giving 14 days to pay arrears. After that, if not paid, the landlord can issue a valid 28 day notice of termination.

    Sounds like what the landlord is doing is illegal, and I'd tell your friend to get onto the PRTB or Treshold ASAP.


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    #3
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    The fact that they are out of lease since November is irrelevant. As Esoteric has implied alot will depend on the terms of the lease and whose name the lease was in.
    I would be very surprised if a professional letting agent were to make such a basic error as giving incorrect notice so would suspect there is something else going on here. If you could provide more information we could give you better advice or contact threshold as Eso says.


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    At no point in the eviction process, even after the 28 days notice of termination has passed, can the landlord change the locks. Even if the tenant decides to be a bollox and dig their heals in waiting for a PRTB hearing that might be 9 months or more away, the landlord still cannot forcefully remove them from the property. This is either an empty threat or a very stupid letting agent.


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    7 days notice suggests serious anti-social behaviour and official complaints from neighbours etc.

    Your friend needs to check out the terms of her lease- but normally, each tenant is separately and jointly responsible for all rent and bills- the fact that her two housemates did a legger, as you put it, is irrelevant- she is most probably liable for their rent and bills (and any arrears/or future accumulations of same).

    She needs to get a copy of her lease- and check it out- and I'd also suggest she contact Threshold for advice.


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    #6
    DamagedTrax
    Closed Accounts Posts: 5,277 ✭✭✭DamagedTrax


    7 days notice suggests serious anti-social behaviour and official complaints from neighbours etc.

    the letter states 'due to rent arrears'
    Your friend needs to check out the terms of her lease- but normally, each tenant is separately and jointly responsible for all rent and bills- the fact that her two housemates did a legger, as you put it, is irrelevant- she is most probably liable for their rent and bills (and any arrears/or future accumulations of same).

    she understands that she's liable, i was just saying it as an insight into the situation she's found herself in.
    She needs to get a copy of her lease- and check it out- and I'd also suggest she contact Threshold for advice.

    definitely!

    thanks everyone for the advice.


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


    If this is the first and only written correspondence that she has received on the matter then she might actually be as well to see out the 7 days and see if they actually go though with the threat. Illegal evictions are taken very seriously, and if she wins a PRTB case then it will most likely result in the agent owing her money, not the other way around. Morally this may be a questionable stance to take, but its hard to have sympathy for an agent when their own ignorance/stupidity puts them in a situation where they end up being in the wrong.


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