Notice period of moving out

The_B_Man

Hi,

I'm moving out of my apartment after 5 years.
I was expecting to give a months notice but I rang the management company and they said i've to give 84 days notice.

My mind is boggled.

https://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

When did this become a thing? I'm about to buy a house so was hoping to be gone by the end of the month.
But now with the extortionate rent, I'm gonna be broke paying a mortgage and rent! Can someone confirm that this is actually true and not a typo of some kind??

One thing to note is that we never got a lease renewal after, i think, the 3rd year. Does an old lease just continue on, or is it a case that there's no lease so I can basically jump ship tomorrow if I felt like it?

Thanks.

C3PO

The notice period of 84 days is correct. You now have a Part 4 tenancy. You could "basically jump ship" if you want but you would lose your security deposit and you could in theory be sued for the balance of owing rent!

How would you have felt if your landlord had given you 30 days to leave?

dori_dormer

Lease continues on after 6 mths to part 4. no need for other leases after that. Yes they are correct int eh notice period. You can offer to them to put the apartment up for rent and facilitate viewings immedietly so that someone can move in earlier than your 5 months notice and you can leave early. Its up to them really

davo10

https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/


You don't have to renew the lease after 6 months, you have Part 4 tenancy rights anyway. No it doesn't impact the amount of notice you must give.

The_B_Man

Well the lease would have begun before the "2015 act".

So since the earlier leases are still valid, as they continue on to whatever "part 4" is, would I be right in thinking that if the lease says I've to give 30 days notice, then thats all I have to give?

And to answer another question above, I'd be more than happy if the landlord said I've to move out in 30 days!! I'll probably be gone in 3 weeks.
I wonder could I sublet it to a friend for the remainder of the lease?

davo10

Your signed tenancy ended on the date agreed, in the absence of another fixed term agreement you are bound by part 4 rules, they are the notice periods on the link I posted above.

Put another way, if the situation was reversed, the LL could not give you 30 days notice either, he/she would also be bound to the notice periods in that link even though the original contract said 30 days.

stargazer 68

The_B_Man wrote: »

Well the lease would have begun before the "2015 act".

So since the earlier leases are still valid, as they continue on to whatever "part 4" is, would I be right in thinking that if the lease says I've to give 30 days notice, then thats all I have to give?

Afraid not OP. I was 12 years in a property- moved out in March and had to give the 112 days notice.

Subtle

OP - It probably would have been worth giving the mgt company a heads up that you were looking at buying and moving on in the near future. They might have agreed in advance then to a shorter notice period.

That said, their attitude stinks given the crazy demand for property at the mo. I'm presuming there's no bad history between ye. If not, just offer to find a replacement tenant yourself and if they decline, then things swing in your favour.

The_B_Man

Ye I rang them there and we agreed that if they can find someone to move in before the notice period, then we're off the hook.
Although I'll have no way of confirming if they got someone or not, so just have to trust them.

davo10

The_B_Man wrote: »

Ye I rang them there and we agreed that if they can find someone to move in before the notice period, then we're off the hook.
Although I'll have no way of confirming if they got someone or not, so just have to trust them.

What? Have you a reason to doubt them?

Op, the notice periods are there to protect the tenant more than the Landlord, if was in your best interest to research this before you bought. Property purchases usually take months so you have known for a long time that you would be giving notice.

C3PO

C3PO wrote: »

How would you have felt if your landlord had given you 30 days to leave?

The_B_Man wrote: »

And to answer another question above, I'd be more than happy if the landlord said I've to move out in 30 days!!

davo10 wrote: »

Put another way, if the situation was reversed, the LL could not give you 30 days notice either, he/she would also be bound to the notice periods in that link even though the original contract said 30 days.

That's the point I was trying to make!

Browney7

Realistically you should have known the notice period that applied.

Would recommend working with landlord to fill the place if they are willing to work with you and leaving earlier.

If not, just give your notice and don't be too obliging regarding viewings or building/painting works required whilst you are still resident and entitled to quiet enjoyment. You could always air BnB for a few nights if you are short on cash