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Advice needed please - how much notice am I required to give my landlord?

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    #32
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    talkto wrote: »
    I don't want legal advice. I'm asking for the location of the terms and conditions regarding my situation.

    Short of a crystal ball, you're not likely to get a definitive answer.

    You don't appear to be too clear yourself on the basis of your tenancy/license agreement so anything that follows is going to be pure guesswork unless we try to cover every possible type of agreement you may be occupying under.

    Go and talk to your landlord.


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    #33
    Clampdown
    Closed Accounts Posts: 423 ✭✭Clampdown


    talkto wrote: »
    I have to say, athtrasna, that I find it bizarre that you deleted my and Clampdown's posts, where we quite civilly questioned a poster's intentions - meanwhile, you ignore a post in which said poster engages in name calling; and while not exactly vicious name calling, and not something that affected me, logically his post is surely more offensive than ours were.

    I don't want to report his post, I just thought it was necessary to point out the oddness of that.

    He actually got a red card for it, and the insult was likely left in the thread to show what it was for. These threads often devolve into wars betwen pro-landlord and pro-tenant camps so it is modded to prevent that.

    Anyway the only thing to do now is ask the landlord for the deposit back. How much was it a week's rent?

    He'll likely give it back. If not you can take steps to get him penalized and get it returned but that might take a while. It will make more sense for both of you for him to give it back really. Don't worry about it, just call him up and talk to him asap.


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    #34
    talkto
    Registered Users Posts: 135 ✭✭talkto


    Graham wrote: »
    Short of a crystal ball, you're not likely to get a definitive answer.

    You don't appear to be too clear yourself on the basis of your tenancy/license agreement so anything that follows is going to be pure guesswork unless we try to cover every possible type of agreement you may be occupying under.

    Go and talk to your landlord.

    What is clear is that there was no contract or lease, neither verbal or written.

    So my question is: what is the notice requirement to leave a property when there is an absence of a lease / written/verbal contract?

    If there is no specified requirement, fair enough. I'm just asking in case anyone reads this thread and believes that they have a definitive answer.

    In the meantime, I will be talking to my landlord tomorrow.


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    #35
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    Clampdown wrote:
    He actually got a red card for it, and the insult was likely left in the thread to show what it was for. These threads often devolve into wars betwen pro-landlord and pro-tenant camps so it is modded to prevent that.

    Another thing that doesn't display on the mobile app!


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    #36
    talkto
    Registered Users Posts: 135 ✭✭talkto


    ted1 wrote: »
    The landlord (Daughter )who lives in a separate building probably thinks that you are a licencee and she can Clsim relief under the rent a room scheme, however as its not attached she would be wrong.

    http://www.prtb.ie/media-research/publications/licensees-in-private-rented-accommodation

    What is meant exactly by "a licencee?"


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    #37
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    talkto wrote:
    What is meant exactly by "a licencee?"

    it refers to a form of accommodation rental agreement that doesn't come under the protections for tenancy agreements under the Residential Tenancy Acts, and the renting person has hardly any more concrete rights than an invited guest in the landlord's home.


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    #38
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    talkto wrote: »
    What is clear is that there was no contract or lease, neither verbal or written.

    So nobody here is going to be able to do anything other than guess the basis under which your landlord thinks he's allowing you to occupy.
    talkto wrote: »
    What is meant exactly by "a licencee?"

    Someone who has almost no statutory rights* when it comes to occupying a room/property.

    * I know there may be some, none of which I can think would be relevant in the context of the OPs question.


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    #39
    talkto
    Registered Users Posts: 135 ✭✭talkto


    Okay. Lets imagine I speak to the landlord and say:

    "I've found somewhere new to live and I want to leave this property next week"

    and she replies:

    "If you leave next week I'm not giving you your deposit back, you have to stay longer."

    ...what would you do in that situation, given that there's no written contract?


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    #40
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    talkto wrote: »
    ...what would you do in that situation, given that there's no written contract?

    I'd start by protesting, and insisting my deposit should be returned.

    If that didn't work, for the sake of a weeks rent I'd probably chalk it up to experience and learn a valuable lesson to clarify things in advance next time.


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    #41
    talkto
    Registered Users Posts: 135 ✭✭talkto


    I think I found some relevant info on CitizensInformation.ie
    Periodic Tenancy

    A periodic tenancy agreement does not specify a fixed length of time. The period of the tenancy may be weekly or monthly, depending on how often the rent is due. Periodic tenancy agreements may or may not be in writing.

    As a tenant, you may end the periodic tenancy at any time. You do not have to give a reason.

    You must provide a valid notice of termination to your landlord. i.e. Tenancy less than 6 months ---> notice period = 4 weeks (28 days.)


    If this property was registered with the PTRB, I might imagine that the above terms and conditions regarding periodic tenancies would apply, but since it's not registered with the PTRB, I am assuming that they don't apply.

    I have to say that I am surprised that terms and conditions could be enforced even when a tenancy is not "in writing" as it says above. Difficult to prove the presence or absence of a verbal contract, so I would have thought that a written contract would be vital. Otherwise it's one party's word against the other's.


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    #42
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    talkto wrote: »
    I think I found some relevant info on CitizensInformation.ie




    If this property was registered with the PTRB, I might imagine that the above terms and conditions regarding periodic tenancies would apply, but since it's not registered with the PTRB, I am assuming that they don't apply.

    I have to say that I am surprised that terms and conditions could be enforced even when a tenancy is not "in writing" as it says above. Difficult to prove the presence or absence of a verbal contract, so I would have thought that a written contract would be vital. Otherwise it's one party's word against the other's.

    Now all you have to do is ascertain if you're a licensee or a tenant.


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    #43
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    talkto wrote: »
    I think I found some relevant info on CitizensInformation.ie




    If this property was registered with the PTRB, I might imagine that the above terms and conditions regarding periodic tenancies would apply, but since it's not registered with the PTRB, I am assuming that they don't apply.

    I have to say that I am surprised that terms and conditions could be enforced even when a tenancy is not "in writing" as it says above. Difficult to prove the presence or absence of a verbal contract, so I would have thought that a written contract would be vital. Otherwise it's one party's word against the other's.

    You don't know that it's not registered or that it has to be. Someone other than the owner can operate a rent a room scheme in which case it does not need to be registered with the RTB.

    The RTB register is also notoriously out of date so just because you can't see it online doesn't mean that it isn't registered, if in fact is a periodic tenancy.

    Talk to your landlord, nobody here can give you a definitive answer.


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    #44
    talkto
    Registered Users Posts: 135 ✭✭talkto


    Graham wrote: »
    Now all you have to do is ascertain if you're a licensee or a tenant.

    As it was advertised as "Not owner occupied" would that be evidence enough that I'm a tenant?


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    #45
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    talkto wrote: »
    As it was advertised as "Not owner occupied" would that be evidence enough that I'm a tenant?

    No, a head tenant can avail of the rent a room scheme, there is no requirement that only landlords can use it.


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    #46
    talkto
    Registered Users Posts: 135 ✭✭talkto


    Exclusions from rent-a-room relief

    You will not qualify for the relief if:
    • You are renting the room to short-term guests

    I am a short term guest and therefore this has nothing to do with the rent a room scheme.


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    #47
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    talkto wrote: »
    I am a short term guest and therefore this has nothing to do with the rent a room scheme.

    Short term guest refers to air BNB type arrangements, not what you have described. A two month letting (as advertised) is not short term


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    #48
    talkto
    Registered Users Posts: 135 ✭✭talkto


    athtrasna wrote: »
    Short term guest refers to air BNB type arrangements, not what you have described. A two month letting (as advertised) is not short term

    Oh right. Can you link me to where "short term" is defined?


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    #49
    _Kaiser_
    Registered Users Posts: 28,867 ✭✭✭✭_Kaiser_


    So much speculation and arguments on what is a very short-term informal arrangement.

    OP the only way you're going to find out is to talk to the guy managing this rental. Tell him you are planning to move out next week and ask what the story is with deposit return. Looking for legal opinion on it before you do even this much will only end badly and draw it out unnecessarily.

    My bet is the guy will say "fair enough" and hand back the cash.. it's only a week's rent and it's not like he will have a problem replacing you in the current market.


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    #50
    talkto
    Registered Users Posts: 135 ✭✭talkto


    _Kaiser_ wrote: »
    So much speculation and arguments on what is a very short-term informal arrangement.

    OP the only way you're going to find out is to talk to the guy managing this rental. Tell him you are planning to move out next week and ask what the story is with deposit return. Looking for legal opinion on it before you do even this much will only end badly and draw it out unnecessarily.

    My bet is the guy will say "fair enough" and hand back the cash.. it's only a week's rent and it's not like he will have a problem replacing you in the current market.

    Here's hoping!

    I sent him a message this morning but I haven't heard back from him yet.

    It's actually two weeks' rent not one week.

    I hope he does give it back to me as I need it.


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