Giving Notice

dizzymiss

I am looking for some information re: giving notice in rental accomodation.

We are in our current property nearly four years. We initially signed a lease for one year but never renewed the lease and just stayed on. It was never even discussed aside for they wanted a long term tenant and we wanted a long term let.

As of February, our landlord went into receivership and we have since been paying the rent to the receiver. We had gone sale agreed on a property but the bank have since pulled the plug on the loan. However, we are going to have to move on to a bigger rental as this property is just not big enough for a family of four and a dog (expecting our 2nd baby in a month). It is a small two bed semi-d.

How much notice do we need to give? I thought it would just be the standard 6-8weeks but a friend said part4 indicates 16 weeks. We never even discussed part4, just stayed on when the original lease ended.
Also, i presume as our deposit went originally to the landlord, it is him we need to chase for that.

Apologies for the long post and thanks in advance.

athtrasna

You are definitely on a Part IV tenancy..see here for more information http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

When will you be four years in the property? Part IV resets after 4 years so your notice period will reset. This may be to your advantage.

dizzymiss

We wont be four years there until the beginning of Dec. Even though the property is in dispute, is it still necessary to give that kind of notice? The next door neighbours just left the week after we found out it was gone into receivership! Hasnt been rented since.

The_Conductor

Notice period from a landlord to a tenant who has been in occupation of a property for between 3 and 4 years is 12 weeks (84 calendar days). Only exception is where both tenant and landlord agree to a shorter notice period (which does happen). Notice period for the tenant to the landlord in the similar time window- is capped at 8 weeks (56 calendar days).

wench

The max notice a tenant has to give is 8 weeks (56 days) which applies once they've been there 2 or more years.

The_Conductor

wench wrote: »

The max notice a tenant has to give is 8 weeks (56 days) which applies once they've been there 2 or more years.

Correct.

I accidentally quoted the length of notice a landlord has to give.

Note- in the case of a lease it probably has a set notice period specified, and the rule is that its whichever is more favourable to the tenant (aka the lease agreement cannot detract from their legal notice- but if terms are superior to those in the act- they then apply instead).