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Give notice to LL when contract is up?

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  • 16-08-2018 5:59pm
    #1
    AllForIt
    Registered Users Posts: 8,424 ✭✭✭


    My LL (agency) just gave me a call to say my contract is up on the apartment and they are asking about a renewal. I don't know the exact date as I can't find my agreement but if it's not already up then it's defiantly up by the end of this month (August).

    The question is because I'm thinking of moving out to somewhere cheaper do I still have to give the 5 weeks notice that would ordinarily be required or am I exempt from that because my contract is up.


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    #2
    dennyk
    Registered Users Posts: 1,701 ✭✭✭dennyk


    Legally you'd be required to give the statutory five weeks of notice, even under a fixed term lease. However you and your landlord can mutually agree on a shorter notice period if desired, so if you do want to move, it'd be best to talk to your landlord ASAP to see if they'd be willing to accept the shorter notice period. If they do not, you will be responsible for rent for the five weeks following the date of your notice or until the landlord moves in a new tenant, whichever is shorter, and that rent can be withheld from your deposit.


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    #3
    AllForIt
    Registered Users Posts: 8,424 ✭✭✭AllForIt


    So in general when a lease is coming to an end the tenant is obliged to notify within the notice period that they are not going to renew? And it's not up to the LL to instigate this, the onus is fully on the tenant?


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    AllForIt wrote: »
    So in general when a lease is coming to an end the tenant is obliged to notify within the notice period that they are not going to renew? And it's not up to the LL to instigate this, the onus is fully on the tenant?

    Yes- for the simple reason- the tenant has a right to continue the tenancy under the Regulation- irrespective of whether, or not, they have a fixed term lease. The landlord cannot end a tenancy- even with the elapse of a fixed term lease- save for the specific reasons as set out in the Act.

    I.e. a fixed term lease is an archaic document- it can spell out the rules governing the tenancy- but it cannot detract in any manner from any rights tenants have under the Act.


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