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Giving notice to leave in mid-month: pay full month's rent or not?

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  • 01-06-2016 3:19pm
    #1
    coombe588
    Registered Users Posts: 5 ✭


    Hi I asked this is another thread, but it's actually a separate issue so for clarity's sake I thought it should have its own thread in case there's other people with the same issue needing knowledge.

    So the landlord is entitled to 6 weeks notice. If I give that today, that means I'd finish the notice period in mid-July. So do I pay a half month rent for July?

    Landlord thinks I have to pay a full month and that it's just hard luck for me that I'm leaving earlier. Boyfriend disagrees.

    Anyone know the score on this particular issue?


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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Landlord is chancing his arm. You will no longer be a tenant nor entitled to use the property after mid-July therefore you have no obligation to pay a full month's rent.


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    #3
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Is the notice period breaking a fixed term?


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    #4
    TMM12
    Registered Users Posts: 40 ✭TMM12


    Depends on whether you are breaking a fixed term contract or not. When I gave notice to leave our apartment which was on a rolling tenancy (as we were waiting for our house to be renovated) I didn't even think and put down 1 Jan as date we would leave. We left 31 Dec but were charged up until midnight on the 1st


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    #5
    VincePP
    Closed Accounts Posts: 982 ✭✭✭VincePP


    Assuming the lease allows for break with six weeks notice, then you vacate at six weeks and rent up til then is payable.

    Otherwise the lease would have to say "end of month after a six weeks notice period"


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    #6
    coombe588
    Registered Users Posts: 5 ✭coombe588


    I've been in the place over a year, which according to the RTB website means he's entitled to 42 days. 42 days from now is mid-July.


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    #7
    VincePP
    Closed Accounts Posts: 982 ✭✭✭VincePP


    coombe588 wrote: »
    I've been in the place over a year, which according to the RTB website means he's entitled to 42 days. 42 days from now is mid-July.

    Still depends on your tenancy - if you have signed up to a second year or signed an extension, then you have to abide by the agreement.

    If here is no additional agreement signed, then the 42 days notice applies.


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    #8
    coombe588
    Registered Users Posts: 5 ✭coombe588


    I never signed anything after my first day in the place.

    So when you say "then the 42 days notice applies" does that mean that I'd only have to pay half a month's rent on 1st July because my notice runs out on 14th July?

    I plan to give notice today. I paid the full month's rent yesterday for June.


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