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Out of contract, landlord w/holding deposit for inadequate notice?

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  • 24-05-2014 11:54pm
    #1
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭


    My friend's landlord is refusing to return her deposit as she has not given him a months notice. She is out of contract for two years. Is he correct to do this?


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    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    NipNip wrote: »
    My friend's landlord is refusing to return her deposit as she has not given him a months notice. She is out of contract for two years. Is he correct to do this?

    In a word yes. She has a part four tenancy if no new lease was signed. Google part four tenancies and notice periods, I'm on phone now so can't post exact link


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    #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Yes, as already mentioned, your friend is in a part 4 tenancy because the fixed term lease was not renewed. In fact, your friend should have given 8 weeks (56 days) notice in this case.


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    #4
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    Great - thanks for that info. I'll let her know the good news! I knew it worked the other way, i.e. that the tenant would need the notice despite the contract having elapsed, but I had never seen mention of it where it is the landlord who would need the notice. Sounds fair enough. She was offered a council house, so she has no option but to accept it immediately, so I guess at least she won't have to pay rent in two places for 8 weeks! :eek:


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    #5
    the world wonders
    Registered Users Posts: 489 ✭✭the world wonders


    athtrasna wrote: »
    In a word yes.
    No. You are correct that she is obliged to give 56 days notice, but that does not automatically entitle the landlord to retain the entire deposit, only enough to cover their losses. So if the landlord finds a new tenant the next day (not unlikely in the current market) then she is entitled to her entire deposit back.

    (If the new tenant pays more rent then does the landlord owe her money I wonder?)


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    the world wonders wrote: »
    No. You are correct that she is obliged to give 56 days notice, but that does not automatically entitle the landlord to retain the entire deposit, only enough to cover their losses. So if the landlord finds a new tenant the next day (not unlikely in the current market) then she is entitled to her entire deposit back.

    (If the new tenant pays more rent then does the landlord owe her money I wonder?)

    Highly unlikely that the property will be relet immediately- if the tenant had a 1 year contract and is now 2 years out of contract. In all probability- a remodeling will be needed, and the accumulated wear and tear of the last 3 years made good. How likely the property is to be relet- also depends to a large extent on where it is. If its in the midlands- you could be waiting months to relet it- if its in Dublin- people could be biting your hand off to rent it. We don't know. We don't have enough information on which to base a statement that the tenant is entitled to her deposit back.

    Further- keep in mind- the purpose of the deposit is to make good any damage over and above normal wear and tear. There is no indication of whether damage of this nature exists- it may do, we just don't know.

    All we know from the limited information given- is that the requisite notice was not given to the landlord. We have no other information. On that basis- we can't really say anything at all.


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