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Moving Out - Notice Period

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  • 15-09-2020 6:27pm
    #1
    SummerK
    Registered Users Posts: 385 ✭✭


    Hi guys,

    I have been living in an apartment since last 20 months. It was a fixed term agreement for first 12 months and after 12 months, there was no comms on part 4 and nothing was agreed reg same.

    Now I’m vacating apartment and the agent managing apartment is asking me to serve 56 days notice period stating I’m on part 4 tenancy (though we never agreed in writing).
    RTB site says for >1 year and <2 year stay, notice period is 42 days.

    Agreement regarding expiring of tenancy says following
    a) For further term by mutual agreement
    b) by tenant serving on notice to landlord claiming part 4 tenancy
    c) in absence of any formal agreement, tenancy will continue on month to month basis on original terms and conditions.

    Point a & b never happened.

    Is my notice period 30/42/56 days. Any advice would be greatly appreciated.


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  • Options
    #2
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    SummerK wrote: »
    Hi guys,

    I have been living in an apartment since last 20 months. It was a fixed term agreement for first 12 months and after 12 months, there was no comms on part 4 and nothing was agreed reg same.

    Now I’m vacating apartment and the agent managing apartment is asking me to serve 56 days notice period stating I’m on part 4 tenancy (though we never agreed in writing).
    RTB site says for >1 year and <2 year stay, notice period is 42 days.

    Agreement regarding expiring of tenancy says following
    a) For further term by mutual agreement
    b) by tenant serving on notice to landlord claiming part 4 tenancy
    c) in absence of any formal agreement, tenancy will continue on month to month basis on original terms and conditions.

    Point a & b never happened.

    Is my notice period 30/42/56 days. Any advice would be greatly appreciated.

    42 days and it MUST be in writing ,no text no email
    Samples within

    https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination#:~:text=In%20order%20for%20a%20Notice,to%20be%20valid%2C%20it%20must%3A&text=Be%20signed%20by%20the%20tenant,her%20authorised%20agent%2C%20as%20appropriate.&text=State%20that%20any%20issue%20as,the%20receipt%20of%20the%20notice.


  • Options
    #3
    eleventh
    Closed Accounts Posts: 436 ✭✭eleventh


    Is email not acceptable? I'd consider email to be in writing as well and more secure than sending a letter.

    If sending a letter, does it have to be registered or what are the rules around it?


  • Options
    #4
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    eleventh wrote: »
    Is email not acceptable? I'd consider email to be in writing as well and more secure than sending a letter.

    If sending a letter, does it have to be registered or what are the rules around it?

    The very first piece of the link I posted from the RTB website states

    If a landlord or tenant wants to end a tenancy, they must serve a valid written notice of termination. In this section there are sample notices of termination for landlords and tenants.

    Be in writing (an email will not suffice).


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