Fixed Lease Question

angeldelight

Just a quick question... I've searched but can't find an answer to our exact question. Our one year fixed lease is up on 4th October. We had planned to stay on a rolling month to month contract until we found somewhere we wanted to move to, and we knew we would then need to give 6 weeks notice of our intention to leave.

However a property has been advertised today that we are potentially interested in. We haven't told our landlord or the agent of our plans to stay or go as nobody has asked us. I'm just wondering how much notice we currently have to give, as we're still in the fixed term lease for another 2 weeks. Thanks

angeldelight

Anyone??

sunnysoutheast

angeldelight wrote: »

Just a quick question... I've searched but can't find an answer to our exact question. Our one year fixed lease is up on 4th October. We had planned to stay on a rolling month to month contract until we found somewhere we wanted to move to, and we knew we would then need to give 6 weeks notice of our intention to leave.

However a property has been advertised today that we are potentially interested in. We haven't told our landlord or the agent of our plans to stay or go as nobody has asked us. I'm just wondering how much notice we currently have to give, as we're still in the fixed term lease for another 2 weeks. Thanks

13/09-04/10 is three weeks.

As you have not confirmed your intention to stay in the property under part 4 (often colloquially called a rolling month or month-by-month) in the required timeframe (between three and one month) prior to the expiry of the fixed term the landlord is entitled to plan on the basis that you will leave at the end of it.

You cannot be denied your rights under part 4 - i.e. you can stay in the property after the expiry of the fixed term - but the landlord is entitled to reclaim reasonable incurred expenses, such as reletting costs, from you.

It's all explained very comprehensively online.

http://www.threshold.ie/advice/tenancy-issues/security-of-tenure/

Please note this response is based on the information provided in the original post.

odds_on

Simply put, if you vacate at the end of the fixed term lease, you do not have to give any notice (however, it would be wise to organise a pre-exit inspection of the property so that the landlord/agent can point out anything that requires fixing/cleaning, as you have no right to enter the property after the expiry date).

If you remain in the property then you will have to give 42 days notice (though this may be reduced by mutual agreement with the landlord/agent). If you have not advised the landlord (between 3 months and 1 month of the expiry of the lease) that you want to remain at the end of the fixed term, you may also be liable for the landlord's costs of re-letting in anticipation of your vacating on the expiry date.

angeldelight

That's perfect, thanks guys! I had looked on the Threshold site but obviously not very well. The other house is gone anyway so I'll get onto the landlord and let him know we're staying put for the moment. I wouldn't say he's started looking for someone else yet but I'll talk to him on Monday anyway - thanks again

sunnysoutheast

angeldelight wrote: »

That's perfect, thanks guys! I had looked on the Threshold site but obviously not very well. The other house is gone anyway so I'll get onto the landlord and let him know we're staying put for the moment. I wouldn't say he's started looking for someone else yet but I'll talk to him on Monday anyway - thanks again

No worries. Also remember that you are under no obligation to sign another 1yr lease to stay there, in case that comes up.

pandas

Hi guys, just on tis post. I have a very similar situation my lease is up mid November and I had every intention of staying out but landlord rang me looking for a rent increase. I told her i was already stretched and she gave some leway but Im just a little unsure as to what I can or cant do. I had a look on daft for somewhere else and there doesnt appear to be anything at present so I was wondering could I stay in the apartment once the fixed term expires and then pay the higher amount on a rolling monthly basis and leave then on 30 days notice when I find somewhere else?

The_Conductor

pandas wrote: »

Hi guys, just on tis post. I have a very similar situation my lease is up mid November and I had every intention of staying out but landlord rang me looking for a rent increase. I told her i was already stretched and she gave some leway but Im just a little unsure as to what I can or cant do. I had a look on daft for somewhere else and there doesnt appear to be anything at present so I was wondering could I stay in the apartment once the fixed term expires and then pay the higher amount on a rolling monthly basis and leave then on 30 days notice when I find somewhere else?

Notice depends on how long you've been there- and as you'll have been there over a year- its six weeks notice, not 4.

You also need to advise the landlord at least 4 weeks prior to the elapse of the fixed tenancy, of your intention to remain in the property at the end of the lease (obviously on the higher rent).

S.

pandas

Thanks!