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Ending a (private) tenancy agreement

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  • 24-10-2016 2:28pm
    #1
    not_a_sheep
    Registered Users Posts: 36 ✭


    So around 2 months ago I signed a "tenancy agreement" in a family house, with me occupying the last floor room. My "landlord" is not registered with the PRTB and the tenancy agreement I signed was pulled online from one of those site giving you pre-compiled forms.
    Considering I don't fall in the usual landlord/tenant relationship (the "landlord" lives with his kids in the house), what would I need to do to end the agreement before the 1 year previously stipulated?
    Thanks a lot!
    EDIT: The title of this post should read "Ending a license agreement".


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    #2
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    I don't think you're a tenant, you're a licensee (I do stand to be corrected though) as such if i recall correct you an leave at any stage.Not sure about the notice period.


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


    Since you live with the landlord, you are not a tenant and have no tenancy rights covered by the RTB and do not need to be registered with same. You are a licensee and are required to give reasonable notice (usually read to mean the same period as the payment period, thus one week or one month depending on your agreement) although this can be lesser notice depending on the situation and your dealing with the landlord.


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    #4
    not_a_sheep
    Registered Users Posts: 36 ✭not_a_sheep


    OMG, you guys are right! I just re-read the document I signed, and it says in bold "License Agreement". So are there any laws saying how much I should give? I just want to be protected in case they want to go to court or something... you never know.

    BTW, I also paid a deposit. I guess I can say goodbye to that...?


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    #5
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    not_a_sheep wrote: »
    BTW, I also paid a deposit. I guess I can say goodbye to that...?
    How much of a demand for rooms is there in your locality?


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    #6
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    not_a_sheep wrote: »
    OMG, you guys are right! I just re-read the document I signed, and it says in bold "License Agreement". So are there any laws saying how much I should give? I just want to be protected in case they want to go to court or something... you never know.

    BTW, I also paid a deposit. I guess I can say goodbye to that...?

    The landlord cannot unreasonably withhold the deposit but if he does you will need to file a small claims court case to dispute it.

    As mentioned above, there is only guidance on reasonable notice. What's reasonable will likely be down to discussion between the landlord and licensee. I suggest speaking to your landlord, letting him know your intentions and agreeing a suitable notice period and return of deposit so there's no misunderstanding at the start.


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    #7
    BetsyEllen
    Registered Users Posts: 1,360 ✭✭✭BetsyEllen


    If you're not bothered about losing your deposit then you can leave whenever you like I guess. No one can stop you! Although for the sake of a reference etc, it would be polite to give at least 1 month I would think.

    However if you're looking for advice on how soon can you leave whilst keeping your deposit, I would think that leaving before the end of a lease regardless of the notice period would mean the deposit is gone?

    It depends on the LL I guess. If you have a genuine reason for leaving early, he may understand and give you your deposit back.
    Especially if he can find a tenant to move straight tin after you.
    That would be down to him though, I wouldn't think he'd be obliged to do this.


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    #8
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    That's the problem I think.I can find no where anything in regards to licensee's rights and obligations.In that case I'd be on the safe side - I'll hand in my notice - 28 days - and retain the months rent. I know for a tenant thats completely illegal but a Licensee does not have tenants protection-and probably also not a tenants rights.


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    #9
    not_a_sheep
    Registered Users Posts: 36 ✭not_a_sheep


    the_syco wrote: »
    not_a_sheep wrote: »
    BTW, I also paid a deposit. I guess I can say goodbye to that...?
    How much of a demand for rooms is there in your locality?
    Good question. It's in Dublin 6 and I live in a good area. I would assume it's high?
    Michael D Not Higgins wrote: »
    not_a_sheep wrote: »
    OMG, you guys are right! I just re-read the document I signed, and it says in bold "License Agreement". So are there any laws saying how much I should give? I just want to be protected in case they want to go to court or something... you never know.

    BTW, I also paid a deposit. I guess I can say goodbye to that...?

    The landlord cannot unreasonably withhold the deposit but if he does you will need to file a small claims court case to dispute it.

    As mentioned above, there is only guidance on reasonable notice. What's reasonable will likely be down to discussion between the landlord and licensee. I suggest speaking to your landlord, letting him know your intentions and agreeing a suitable notice period and return of deposit so there's no misunderstanding at the start.
    Thanks very much for the info. From my relationship with the family, I would guess we can agree on something mutually beneficial without going to court... hopefully.


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