Landlord selling but wants full notice period

smiddy-2021

Hi

Looking for some advice. My landlord sent me a notice of termination last month to say he's selling, he gave me the 180 days notice but with the current market I started to look right away.

I found an apartment today which I can move into next week but he's know saying he wants the full notice period of 8 weeks (I'm here over 2 years).

I was under the impression from both threshold and the RTB that I don't have to give the statutory notice once I've been served an eviction notice. I spoke to them both on the phone.

The RTB email says allow 28 days for a reply so unsure where to go next as the other apartment will be gone and I can't afford double rent..

howiya

Presumably the statutory notice includes the words "You must vacate and give up possession of the dwelling on or before the termination date".

If you leave next week you are complying with the termination notice.

I would have thought that the 8 weeks only applies when you, the tenant, is ending the tenancy which isn't the case here.

smiddy-2021

Yes that's exactly what the notice says! My estate agent should know this but seems to be on his side

Dr Karl

Contact Citizens Information. Their phone number is 0818 074 000 and it is open from 9am to 8pm Monday to Friday.

Del2005

It makes no difference for a tenant not following rental laws. Leave next week and all the landlord can charge you for is any missed rent and the cost of relisting, as they re not relisting then it's missed rent and the RTB rarely makes tenants pay rent when they overhold so leaving early there's zero chance of them getting an RTB ruling. They can't even keep your deposit.

bcklschaps

Op, Can you sublet one of the properties?

cython

https://www.boards.ie/discussion/comment/120556871#Comment_120556871

Not to state the obvious, but of course the EA is on your landlord's side, the landlord pays their fees, after all!

At the risk of seeming cynical, never consider any EA from whom you're buying or renting as "yours", they don't have your interests at heart, as they don't work for you.

meijin

https://www.boards.ie/discussion/comment/120557054#Comment_120557054

• read the OP? the tenant is following the law; what are you talking about?
• the notice says "on or before" - the tenant can leave the next day after receiving the notice, that's the law
• all the LL can charge is NOTHING
• of course, the LL CANNOT keep any deposit, as they issued the notice

I know it says on or before on the notice but would the tenant not be still required to provide official notice with the required notice period if they decide to leave earlier? The landlords notice period would be longer than the tenants. Most landlords would be agreeable to the tenant leaving whenever they want to once notice is issued.

Claw Hammer

https://www.boards.ie/discussion/comment/120557390#Comment_120557390

The RTB has held that when a landlord calls on a tenant to vacate, the landlord has to allow the tenant to leave anyti8me before the termination date. It is unreasonable to expect a tenant to have alternative accommodation lined up to co-i9ncide with a termination date so far in the future.

DownByTheGarden

https://www.boards.ie/discussion/comment/120556862#Comment_120556862

That means you can of course vacate whenever you like before the date, but you still have to pay the rent to that date.

But realisticly in this day and age any landlord should be happy to let someone they gave notice to go early with no penalty.

meijin

https://www.boards.ie/discussion/comment/120557607#Comment_120557607

of course, you DON'T have to pay longer than staying in the property!

thomas 123

https://www.boards.ie/discussion/2058295236/landlord-selling-but-wants-full-notice-period

You cant have your cake and eat it springs to mind.

What an ass. (The LL)

meijin

from https://www.rtb.ie/downloads/tribunal-report/TR0319-003628_Report.pdf

The Tribunal finds that the Landlord was not entitled to stipulate a period in which the Tenant had to remain in the dwelling, as if the requirements of a valid notice of termination were met, the Tenant would have been entitled to vacate at any time on or before the termination date in the notice of termination.

and another one, even with invalid notice, and fixed term lease https://www.rtb.ie/downloads/tribunal-report/TR0319-003630_Report.pdf

As a notice of termination had been served by the Appellant Landlord, albeit that it was invalid, the Respondent Tenants were only under an obligation to pay rent until such time as they vacated the dwelling, given that under s. 62 they are required to vacate the dwelling “on or before” the termination date. In those circumstances, the Appellant Landlord was not entitled to retain the deposit and should have returned it to the Respondent Tenants.

smiddy-2021

Thanks for all the replies. To start, no I wouldn't sublet, I don't need the hassle for the next 5 months.

I rang the RTB today who confirmed I can leave whenever I want and should be paid back any rent I have paid if I leave before the end of the month.

Agent said the LL said I can go at the end of May and he'll give me my deposit back. I can leave tomorrow and will be due it back!! I'm afraid now if I leave early he'll pick at small things in the apartment and try to hold onto it.

Long story short, I believe he wants to sell after the new windows and heaters are installed in the whole block this summer and was banking on me staying through that. I want to get out before construction starts which for someone WFH most days is understandable...

howiya

https://www.boards.ie/discussion/comment/120557607#Comment_120557607

This seems bizarre. The landlord wants a person out. Sends them a notice that they must vacate on or before x date. Surely if the tenant complies with the landlord's instruction and vacates the property they would be only liable for rent up until the point at which they vacate.

What are you basing this on?

smiddy-2021

I got the new apartment and I'm getting my rent paid back to me for the days I'm not staying, thanks everyone! Glad I stood my ground. Fingers crossed I get the deposit back with no issues.

spaceHopper

If they hold on to part or all of your deposit, they have to show receipts for the work or costs incurred. For example cleaning, they have to employ somebody to it, they can't do it themselves. Given they are selling I can't see them been able to justify holding onto the deposit. I'm not sure about the rent for days after you move out.

You don't really have a choice, if you don't move you will lose out on the new place.

If it were me. I'd draft an email to the letting agent, they can forward it onto the LL. Once they have it in writing they can think about it and might see that your are correct.

In the email give them a move out date. Have your stuff gone a day or two before this. Clean the place or get a cleaner, local facebook group will get you a once off cleaner. Arrange for an inspection with the letting agent to sign off and return your deposit. Make sure you are there for that. No inspection No keys. If they find anything you have time to fix it. Remember no receipts no charge. Also keep in mind the windows are been done.

If the LL keeps your deposit and doesn't return unused rent then you have to go the RTB root, make it clear to the Letting agent that you will include their company in the case so their reputation will be tarnished.