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12-month lease - notice if moving out

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  • 20-07-2015 12:35pm
    #1
    patricksmyth
    Closed Accounts Posts: 103 ✭✭


    assume i rent a house and take out a 12month lease. assume the lease only mentions what i must do if i want to stay on.

    if i intend to leave after the 12mths, am i obliged to give notice? i have looked online and it seems to suggest that you dont need to give notice for a fixed term lease, then another place said i did.

    secondly, if the required notice is not given - can the full deposit be withheld?

    thirdly, if the notice is given in the wrong format - can the full deposit be withheld?

    thanks


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    #2
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    I don't think you are obliged. The wording of the law allows the landlord to recoup reletting fees if notice isn't given on the intention of staying, i.e. it assumes if you say nothing then you are honouring the lease and will leave at the end.

    Secondly and thirdly, no the deposit may not be withheld, as no cost has been borne.


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    #3
    patricksmyth
    Closed Accounts Posts: 103 ✭✭patricksmyth


    can you link me to where it says this on the prtb or other website please? i'm sure i read it before but i can't find it now. thanks for your reply


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    #4
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    I must correct myself, the tenant must give notice even for a fixed term tenancy. This is detailed in Part 5 of the RTA 2004.

    I would still say a deposit cannot be retained for the notice. They could claim for lost rent, if there was a presumption of continuing under part 4 but nothing to allow automatic forfeiture of the entire deposit (the landlord is obliged to mitigate the loss by re-renting quickly). I would say the landlord would be remiss to not contact their tenant around a month before the end of the fixed term to find out their intentions. I also highly doubt that tenants normally end their tenancies with a written and signed notice.


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    #5
    campingcarist
    Registered Users Posts: 337 ✭✭campingcarist


    If you are intending to leave at the end of your lease, I would suggest that you contact the landlord to arrange an inspection of the property at least 2 weeks before you leave. This will allow you to rectify any issues that there may be and thus not deductible from your deposit.


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