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Terminating Tenancy before Starting

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    #32
    jamesthepeach
    Registered Users Posts: 992 ✭✭✭jamesthepeach


    Mr. Incognito wrote: »
    Just general comments.

    1. Was there a tenancy. Yes. The Landlord accepted money. The contract was made.

    2. Is the landlord entitled to keep the money. Technically yes. But only to the extent he has a loss. In circumstances where he had to advertise anyway (and the withdrawl of the tenant did not make him have to readvertise) the loss is negligable.

    3. Can the Landlord seek specific performance- i.e force the tenant to comply with his obligations. No. The Tenant and Landlord can terminate without cause for the first six months each. A security deposit is to protect against losses. Here there are no losses.

    4. Is this not a monetary claim only such that it comes within the jurisdiction of the small claims court? No. It is a security deposit which relates to a tenancy and is not a pure monetary claim.

    Hopefully that helps.

    Does termination in the first 6 months require notice?


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    #33
    bucketybuck
    Registered Users Posts: 18,480 ✭✭✭✭bucketybuck


    itgirl268 wrote: »
    I havnt moved in yet either...

    Is the area so bad that you cannot just move in, take up residence and then within the six months serve proper notice of moving out? That way you have somewhere to stay while searching for a new place and the LL will have no reason to withhold your deposit?

    In a way it would be like calling the landlords bluff, if he won't return the deposit then get your moneys worth.


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    #34
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    jamesthepeach wrote: »
    Does termination in the first 6 months require notice?

    No. Its outside the act. No notice required.


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    #35
    jamesthepeach
    Registered Users Posts: 992 ✭✭✭jamesthepeach


    Mr. Incognito wrote: »
    No. Its outside the act. No notice required.

    Well you live and you learn.
    So someone could move into my apartment tomorrow and I could throw them out the day after?


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    #36
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Mr. Incognito wrote: »
    No. Its outside the act. No notice required.

    It is inside the Act. Part 4 of the Act does not apply but the rest does. Also the terms of the lease apply if they offer superior protection to the tenant.


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