Notice Period under Part 4 Tenancy

Streifi

Hi board.ie gurus.

I hope someone is able to help me with a quick question:

We had a 1 year fixed term lease from Spring 2011 til Spring 2012. After that we informed the Landlord that we would like to continue on a part 4 lease and have so since. (Sping 2012-now)
So we've been in the house for a total of 2.5 years. 1 year fixed and 1.5 on part 4.

Checking with the letting agent I was told our notice period is 42 days but from the time our rent is due (i.e. the beginning of the month).

Googling part 4 Tenancies it seems to me we should have to give 56 days (2-3 years) but it doesn't say anything about it being valid from the time the rent is due.
 I don't want to have a situation where the landlord can come back and tell us our notice is invalid...

Could one of you clarify for me if we indeed have to give 42 or 56 days notice and if it is from when the rent is due or if we could terminate in the middle of the month (to be specific now).

Thank you. Appreciate your help.
An otherwise happy renter...

djimi

You can issue the notice at any time you wish; the letting agent is telling you fibs by implying that it must correspond with the due date of the rent.

You are correct that the notice due is 56 days (this agent really doesnt have a clue, do they?). However, if you with to move, and if it suits you to move earlier, then you may wish to use the agents ignorance to your advantage if 42 days from next rent day is a shorter notice time than 56 days. Just get it in writing that you have permission to give 42 days given the length of the tenancy.

D3PO

its 56 days and can be given at anytime not when rent is due.

I suspect the 42 days from the rent due date is probably 56 days if you were to do the math ? Either way to serve valid notice you must give 56 days notice the 42 day thing is irrelevant and incorrect anyway.

Streifi

Thanks for the quick and helpful response.

We are indeed hoping to move sooner and the agent had signaled they would be happy to release us even earlier than the 42 days.
(The rental market in the area we are in has gotten a lot stronger in the last 2.5 years and I believe they will be able to achieve a considerably higher rent when re-renting).
But I wanted to get the facts right just in case they'll decide not to play along.

Thanks again!

odds_on

56 days is stipulated in the Residential Tenancies Act 2004. However, tenant and landlord may mutually agree a shorter period at the time of the Notice of termination or thereafter.

It is usually best to try to coincide the end of the date of leaving with the end of a rent period. That way there is no argument over rent refunds, overpaid rent etc.

And organize a pre exit inspection of the property several weeks prior to vacating so that the landlord/agent can point out any issues which may result in retention of part or all of your deposit monies. This can give you time to fix the issues yourself.

foggy_lad

Streifi wrote: »

Thanks for the quick and helpful response.

We are indeed hoping to move sooner and the agent had signaled they would be happy to release us even earlier than the 42 days.
(The rental market in the area we are in has gotten a lot stronger in the last 2.5 years and I believe they will be able to achieve a considerably higher rent when re-renting).
But I wanted to get the facts right just in case they'll decide not to play along.

Thanks again!

Don't forget to get it in writing if the agent agrees to less notice and also take photos of everything so that they can't turn around and say you left the place in a mess etc.