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Fixed Lease Term - or not ?

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  • 09-03-2014 2:52pm
    #1
    charliehotel
    Closed Accounts Posts: 157 ✭✭


    On my signed lease agreement it states that if a fixed term isn't specified in the Second Schedule then the lease is to be taken on a per weekly basis, with tenant giving one week's notice prior to moving out.

    When we signed the lease the letting agent said it was for 9 months ie. October-July but when I look at the second schedule in the agreement, only listed are:

    - Lease Start Date ie. 5th October
    - Rent cost ie. €800/month
    - Basis ie. monthy

    There's no mention of any end date, specified fixed term or '9 months' anywhere on the agreement.


    So, if I want to move out mid-May can I, as per the condition stated above, give them one week's notice and then receive my deposit back?


    Any replies much appreciated !! :)


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Technically its not legal to agree to a shorter notice period in advance. It is of course possible to mutually agree as short a notice period as both parties are happy with, however by the letter of the law this agreement must take place as and when it is needed, it is not binding if it is written into the lease.

    That said, if the lease states that you can give a weeks notice if not fixed term has been agreed, then if that is the case then I would test it and see if the landlord protests. If they say nothing then I would go along with it. Otherwise you would need to give 28 days notice if you are there less than 6 months, or 35 days if you are there between 6 and 12 months.


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