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Offered council house - how to end current tenancy

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  • 04-05-2022 8:21pm
    #1
    Registered Users Posts: 5


    Hi there,

    Hope someone can point me in the right direction. I was on the housing list for over 10 years and receiving hap payments. I was offered a council house and was told I should receive the keys in the next few weeks (YAY!). Im in my current apartment approx 8 years. What can I do to avoid paying rent on the current apartment after I move out, as the hap payment stops as soon as I receive the keys to my new house.

    Is there any quick way out of the tenancy agreement? The management company told me the notice period could is over 3 months. So that would be 3 months paying rent in an apartment that Im not living in, without hap assistance.... Any help would be much appreciated. Thanks in advance.



Comments

  • Registered Users Posts: 69,008 ✭✭✭✭L1011


    This is the wrong forum, I'll move the post later if I can work out the moving tools here.

    Your notice period, if you are there over 8 years, is 112 days = 16 weeks. If under 8 years (but over 4) its 84 days = 12 weeks.

    You can negotiate with your landlord about this, many are very willing to let you go earlier as the market to re-let is insane right now; however they are in no way obliged to reduce the period! If you just up and leave they can claim for reletting costs and lost income but must make efforts to reduce their costs (e.g. relet quickly).



  • Registered Users Posts: 470 ✭✭angela1711


    This isn’t probably the right thing to do but you could just hand in the notice now and move out. In theory there is very little the landlord can do to make you continue to pay the rent. If he decides to take you to court (I doubt he will considering the cost) it is unlikely you will be forced to pay the outstanding balance taking into account that your income is probably on the lower side if your are eligible for a council house. Even if the Court makes you pay the money back it will probably be in manageable installments of some sort.



  • Registered Users Posts: 3,523 ✭✭✭Ginger83


    Why risk court and years of payments if you don't have to.

    That's a pretty poor attitude and bad advice.



  • Registered Users Posts: 69,008 ✭✭✭✭L1011


    It wouldn't be court, it would be an RTB judgement. Much lower cost and a very viable outcome if a landlord is refusing to end it early.



  • Registered Users Posts: 5 Foxymulder


    Thanks guys, I want to do the right thing and reach an agreement mutually. Hopefully the management company can negotiate positively on my behalf and come to an agreement where everyone is happy, ie the landlord and myself. I just cant manage paying 3 months rent without hap. Fingers crossed.



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  • Registered Users Posts: 18,992 ✭✭✭✭Del2005


    The RTB don't make overholders who do thousands of damage to a property pay so they aren't going to make a tenant who leaves a lease early pay, they only make landlords pay.



  • Registered Users Posts: 716 ✭✭✭macvin


    And people wonder why landlords are leaving the market and selling up!!


    Thankfully the OP is decent and wants an amicable solution



  • Registered Users Posts: 1,163 ✭✭✭airy fairy


    No, it's not the right thing to do.

    If it was the landlord that shifted the tenant out of the property without proper notice, there would be reems of pages pitying the tenant and crucifying the landlord.

    Is it any wonder why landlord are selling their properties.

    At least the OP has common decency and wants to do the right thing.



  • Registered Users Posts: 513 ✭✭✭The DayDream


    They really should not be able to charge you for the property if you aren't using it and have moved out, and holding you to three months seems excessive in this market.

    Because here is the thing: Ask them if they intend to wait the three months after you move out to re rent the place. Surely in this market they can find a new renter quickly.

    Give the three months notice and say you are willing to move out earlier if they find someone else to take it. If you were there 8 years it must be an okay gaff someone will rent it.

    Offer to accommodate viewings and then you can keep an eye on if someone takea the place too. Once they get someone else in, you really shouldn't owe them another cent, and your security deposit should be returned too.

    Crappy way to treat an 8 yr tenant instead of just letting them go when people are crying out for places to rent (at least near my town, everything is snapped right up)



  • Registered Users Posts: 5 Foxymulder


    Some really good points made here and really appreciate it, thanks guys for your help.



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  • Registered Users Posts: 318 ✭✭ThreeGreens


    I'd suggest talking to your landlord and explaining your situation. If you've been a good tenant, and the landlord is reasonable, I'm sure an accomodation can be reached where everyone is happy.


    Also talk to the council and ask them how you are supposed to manage this.



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