Served notice from landlord but may want to move out before?

Ciarajl

Hi. We received notice of termination on 5th june 2019. We are satisfied that it is valid. The termination date is 28th feb 2020. We are now in the process of purchasing a home and we are wondering if we get keys do we need to stay on as tenants here until the termination date or are we required to give notice too? I should mention that we are in this place 8 years this month.

the_syco

How high is the demand to rent in your area?

If high, approach the landlord when you get the keys, and see if they're cool with you leaving earlier. If they're trying to sell, it may work out better for them as well.

dennyk

Technically you would need to give the required notice as per:

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

to end the tenancy before the landlord's notice date, so that'd be 112 days of notice you'd be required to give. You'd be responsible for rent through the end of your notice period or until the landlord re-lets the property, whichever comes first. However, you and the landlord can mutually agree on an earlier end date if you want, and the landlord would be a bit foolish not to agree to that if it means you'll be leaving the property on good terms and not overholding. It is up to the landlord in the end whether to allow you a shorter notice period than required, though, so I would try to give notice as soon as you have a firm closing date and budget for having to pay an additional 112 days of rent beyond the date you give that notice, just in case the landlord isn't willing to agree on a shorter period.

Subutai

Ciarajl wrote: »

The termination date is 28th feb 2020. We are now in the process of purchasing a home and we are wondering if we get keys do we need to stay on as tenants here until the termination date or are we required to give notice too?

You don't need to provide notice. You may simply leave on the day you get the keys to your new place. Ask for any rent outstanding (e.g. two weeks worth if you leave midway through the month) along with your deposit.


Your notice of termination should say that 28 February 2020 is the date "on or before" which your tenancy will terminate.

If it doesn't, dont worry. The Residential Tenancies Act 2004 sets out the statutory requirements for a valid notice of termination in S 62.

62.—(1) A notice of termination to be valid shall—

[...]

( f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession)


You may leave any day from when you are served with a notice of termination. You are liable for rent only to the day when you provide vacant possession to the landlord.

This has been confirmed a number of times by Tribunals of the RTB, most recently here (fifth page, third paragraph): https://onestopshop.rtb.ie/downloads/tribunal-report/TR0319-003630_Report.pdf

Dav010

dennyk wrote: »

, and the landlord would be a bit foolish not to agree to that if it means you'll be leaving the property on good terms and not overholding..

Though this might apply in general, it is hardly relevant in the ops case, they are looking to leave early due to completion of a purchase.

ted1

Subutai wrote: »

You don't need to provide notice. You may simply leave on the day you get the keys to your new place. Ask for any rent outstanding (e.g. two weeks worth if you leave midway through the month) along with your deposit.


Your notice of termination should say that 28 February 2020 is the date "on or before" which your tenancy will terminate.

If it doesn't, dont worry. The Residential Tenancies Act 2004 sets out the statutory requirements for a valid notice of termination in S 62.

62.—(1) A notice of termination to be valid shall—

[...]

( f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession)


You may leave any day from when you are served with a notice of termination. You are liable for rent only to the day when you provide vacant possession to the landlord.

This has been confirmed a number of times by Tribunals of the RTB, most recently here (fifth page, third paragraph): https://onestopshop.rtb.ie/downloads/tribunal-report/TR0319-003630_Report.pdf

That refers to a landlord giving notice. This is the tenant .
A tenant must give notice, if they breach a fixed term lease they are liable for the remaining period unless the landlord can relet it.

In the current market most landlords will let a tenant go when they want as they’ll have if rented by the end of the day

Subutai

ted1 wrote: »

That refers to a landlord giving notice. This is the tenant .
A tenant must give notice, if they breach a fixed term lease they are liable for the remaining period unless the landlord can relet it.

In the current market most landlords will let a tenant go when they want as they’ll have if rented by the end of the day

Incorrect.

OP refers to his landlord having provided a notice of termination. OP says he is satisfied that this is valid. This would indicate that there is no fixed term at play.

However, even if there were a fixed term tenancy in place the landlord would, in issuing a notice of termination (whether valid or invalid), have left him or herself in a situation where the tenants under s 62 of the Residential Tenancies Act 2004 may terminate the tenancy anytime at or before the date specified in the notice. The tenants are liable for rent only to the point where they provide vacant possession in those circumstances.

In fact, this is precisely the situation of the tenants in the case linked in my post.

Ciarajl

Thank you for all of the replies. As it was somewhat conflicting, i also contacted threshold.. they advised as he has already given notice:

If you in turn wish to leave you can do so before the termination date and do not have to give the statutory notice period but we would suggest giving as much notice as possible.