Renting an apartment for 8 years and moving out

degzs

We have been living in a rented apartment for 8 years and wondering about getting back the deposit. There has not been much work done over the years and are worried that we might not get the deposit back. A lot of the issues is wear and tear and few things need to be replaced ( broken chair and fridge door etc).

We have no contract and was wondering how much notice needs to be given ?

Ms Doubtfire1

if it's 8 years solid and no more than 6 month over 8 years you're at the beginning of the third cycle of Part4 tenancy. normal notice applies. I would however call the tenancy board to be sure as it could be either 28 days or 112...
Duration of Tenancy Notice Period
Under 6 months 28 days
Over 6 months but under 1 year 35 days
Over 1 year but under 2 years 42 days
Over 2 years but under 3 years 56 days
Over 3 years but under 4 years 56 days
Over 4 years but under 5 years 84 days
Over 5 years but under 6 years 84 days
Over 6 years but under 7 years 84 days
Over 7 years but under 8 years 84 days
8 or more years 112 days

Its 112 days, part4 cycles don't reset notice periods.

Ms Doubtfire1

thats debatable in my view. OP, just call the Tenancy board and get concrete advise.

Michael D Not Higgins

Ms Doubtfire1 wrote: »

thats debatable in my view. OP, just call the Tenancy board and get concrete advise.

It's not debatable, it's the law as laid out in the RTA 2004 and as amended 2015.

whiskeyman

degzs wrote: »

A lot of the issues is wear and tear and few things need to be replaced ( broken chair and fridge door etc).

I'm sure the LL will account for basic wear and tear and they'll know they'll have to encur a basic revamp once you leave - cleaning / painting etc...
Do you have any record of the deposit being paid?

Broken items are different, and should be deducted from your deposit in my opinion.
Why didn't you get them fixed / mention them to the LL during your time there?

SarahS2013

You should be able to leave earlier with mutual consent from the LL.

Recently moved out of a place after 5.5yrs and agency is trying to screw me for every last cent of my deposit for what is absolutely wear and tear. The place is actually in better condition than it was when I got it. Currently sitting with the PRTB as a dispute - good luck!

degzs

Will having no contract make a difference ? Was hope 4/5 weeks would be enough

SarahS2013

Nope, the notice periods are statutory so whether theres a contract or not doesn't make a difference

daveharnett

degzs wrote: »

We have been living in a rented apartment for 8 years and wondering about getting back the deposit. There has not been much work done over the years and are worried that we might not get the deposit back. A lot of the issues is wear and tear and few things need to be replaced ( broken chair and fridge door etc).

From revenue's tax rules for landlords, white goods, furniture etc are only expected to last 8 years.

Eg. If I as a landlord buy a chair for €100, I'll get a tax allowance of €12.50 for 8 years at which point (it is assumed) the chair will be worthless and I may need to replace it.

Household goods occasionally break, and it needn't be anybody's fault. Replacing a few damaged bits and bobs after an 8 year tenancy is a cost of doing business, so unless the place is totally trashed, I'd fight if the landlord is looking for any significant compensation.

Your position is even stronger if the landlord hasn't inspected regularly, or hasn't raised any objections during previous inspections.

Michael D Not Higgins

degzs wrote: »

Will having no contract make a difference ? Was hope 4/5 weeks would be enough

No difference, you're covered by Part 4 rights under law anyway. The best thing to do is ring the landlord and let them know your intentions. They might agree to shorter notice than is required by law. (indeed it is allowed by law to agree mutual shorter notice periods)

Ms Doubtfire1

Ms Doubtfire1 wrote: »

thats debatable in my view. OP, just call the Tenancy board and get concrete advise.

There is absolutely no doubt whatsoever about it. its 112 days, its stated very clearly I have no idea how you could come to the conclusion it resets. Do you think the notice period a LL has to give also resets and a LL can give very short notice?