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Required period of notice by tenant

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  • 13-08-2020 10:57am
    #1
    Jambonjunior
    Registered Users Posts: 285 ✭✭


    Hi, I've been living in my rented home for about 3 years. I'm been unemployed and with no up turn in prospects, I'm thinking of moving.

    Does a rent review count as a new lease or just an update on my initial lease (which was for one year).

    i.e. is my notice period 84 days :eek: or 35 days?


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    #2
    stinkbomb
    Registered Users Posts: 263 ✭✭stinkbomb


    84 days. Its based on how long you are in the property, rent review doesn't matter.


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    #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Jambonjunior wrote: »
    i.e. is my notice period 84 days :eek: or 35 days?

    84 days.
    Its quite clear in the legislation.
    Your landlord may be willing to consider a shorter period of time.
    Communication with the landlord is key here.
    Be clear and concise with the landlord- most are very understanding.


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    #4
    Jambonjunior
    Registered Users Posts: 285 ✭✭Jambonjunior


    What happens if the landlord has to drop the rent to get someone in? Would I be on the hook for the difference for the 84 day notice period? Orl longer? There's been no movement in getting new tenants.

    I'm getting worried about all of this.

    Also a second question, if the landlord was to take a a month to upgrade the place before getting new tenants, I presume I'd still have to cover that month that it's idle?


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    #5
    dennyk
    Registered Users Posts: 1,701 ✭✭✭dennyk


    Generally the landlord has a responsibility to mitigate their losses. If you move out without notice, they can't just take the property off the market entirely and then claim you owe them the full 84 days of rent; they'd have to make a bona fide effort to re-let the property. If they spend a month renovating the property without trying to re-let it and deduct that month from your deposit, the RTB probably won't look too kindly on that should it come to a dispute (unless said renovations were necessary due to damages that you caused beyond ordinary wear and tear, of course...). Similarly, it's not likely they could deduct if they charge a new tenant a lower rent; that's just the market changing and is part of the ordinary cost of doing business as a landlord. (Technically they're not supposed to be charging you more than market rent anyway; if the market has dropped and your rent is now higher than the market rent, you as the tenant can request a rent review and if the landlord can't find three comparable properties with the same rent or higher, then they'd have to lower your rent accordingly, or they'd be in violation of section 19 subsection (1) of the RTA...)


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