Am I paying rent to often? - Page 3 - boards.ie
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30-04-2012, 19:12   #31
AnonoBoy
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When you're talking to her make sure to make use of phrases such as, "And as you know a contract can't redefine the length of a month." - it allows them to back down easier and say "oh of course."
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30-04-2012, 19:18   #32
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Hi, it does seem to me that the landlord is trying to pull a fast one. Would get on to these - statutory agency for dealing with this type of sharp practice...

https://www.prtb.ie/

Best of luck in your new home
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30-04-2012, 19:23   #33
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That is really sly on the landlord's part. The ad indicating €500/month was deliberately misleading. The way it is set up means that there are now 13 "months" in the year. While it may be possible to class a month as four weeks, I imagine that that is very unusual and goes against the spirit of rental terms.
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30-04-2012, 19:28   #34
djimi
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Quote:
Originally Posted by Jelly 292 View Post
Hi Icepick -



Exactly what is on contract:

Temporary letting agreement for *********,********,Co.Waterford.

Monthly (four weekly) tenancy commencing **th March 2012 untill ** March 2013

1. To pay rent of €500 per month which does not include bin tags etc ect


What do you think?
If this is word for word what the contract says then you pay €500 per (calendar) month and not a penny more. If it was worded as €125 per week or €500 per four weekly period then fair enough, but the wording of the amount of the rent is €500 per month, which is not the same as €500 every four weeks.
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30-04-2012, 19:34   #35
Jelly 292
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Quote:
That is really sly on the landlord's part
Yeah, my blood is boiling. Its only when I looked at next rent due date that the penny dropped. I should have queried her when she mentioned the rent being 125 p/w after I paid the first months rent. I was busy and it was muttered to me while she passed out the door.
I decided to pay monthly anyhow so I did not dwell on it, now I see the next due date and Im raging. Foolish me.

What bugs me is that they are nice folks (seemingly) the place is nice, they are reg'd with PTRB. It all seemed above board and honest. but they are pulling this cheap , fast one. Surly they don't expect me not to notice. admittedly, took me a month but I was not expecting devious behavior.
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30-04-2012, 19:37   #36
Jelly 292
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Cheers djimi, The wording is exactly that on the contract.

You hit it on the head I think. They have drawn up a contract with 2 contradictory statements regarding the rent. I'm feeling better now I have a more solid angle to come at her from
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30-04-2012, 20:03   #37
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It is possible the landlord is not being sly. It is possible she is simply thick. Talk to her calmly and nicely before you go all Team America on her ass.
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30-04-2012, 20:11   #38
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I agree with talking to her calmly too.. if she is nice and the place is too, then give her the benefit of the doubt. Tell her you think she has made a mistake as you only took the property based on what you could afford: 500 per month as advertised not 500 per 4 weeks.

Hopefully, she'll back down and agree she has got the wording on the contract wrong.

Let us know how you get on
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30-04-2012, 20:21   #39
Milk & Honey
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Quote:
Originally Posted by GarIT View Post
A month is a set period of time, no contract can change what a month means.

If that was the case I could rent out a place say the rent is €100 per week and that my week is two days long.
There are solar months and lunar months. The first is calendar month and the second is 4 weeks. A contract can say which is being used. The primary meaning of month in this jurisdiction is in fact lunar month.
This was held by the Supreme Court in
Vone Securities v Cooke [1979] IR 68 " in this country the primary meaning of ‘month’ is lunar month, "
http://slr.oxfordjournals.org/content/2/1/43.extract


See also


http://www.hyperdictionary.com/dictionary/MONTH
Webster's 1913 Dictionary

Definition:
\Month\, n. [OE. month, moneth, AS. m[=o]n?, m[=o]na?;
akin to m[=o]na moon, and to D. maand month, G. monat, OHG.
m[=a]n[=o]d, Icel. m[=a]nu?r, m[=a]na?r, Goth. m[=e]n[=o]?s.
[root]272. See {Moon}.]
One of the twelve portions into which the year is divided;
the twelfth part of a year, corresponding nearly to the
length of a synodic revolution of the moon, -- whence the
name. In popular use, a period of four weeks is often called
a month.

Note: In the common law, a month is a lunar month, or
twenty-eight days, unless otherwise expressed.
--Blackstone. In the United States the rule of the
common law is generally changed, and a month is
declared to mean a calendar month. --Cooley's
Blackstone.
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30-04-2012, 22:48   #40
odds_on
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Quote:
Originally Posted by Jelly 292 View Post
Hi Icepick -

Exactly what is on contract:

Temporary letting agreement for *********,********,Co.Waterford.

Monthly (four weekly) tenancy commencing **th March 2012 untill ** March 2013

1. To pay rent of €500 per month which does not include bin tags etc ect


What do you think?
temporary letting agreement ?????
I am sure that the LL does not realize that after you have been in occupation for 6 months, you have the right to stay in the property for a total of 4 years under a Part 4 tenancy. No such thing as temporary, it is contrary to the RTA 2004.

Looks like a home made legal lease agreement and the rest is probably full of legal errors, not to mention clauses contrary to the RTA 2004. You cannot have monthly and 4 weekly - it is contradictory; it must be monthly or 4 weekly.

Without the full details of the agreement it is quite possible that it does not have all the detailed requirements for a rent book. Most leases also act as the rent book but I would have my doubts here. Ask the landlord/lady for a rent book. Ask her if the tenancy is registered with the PRTB.

If you could PM me with a copy of it I will have a look and see (though I am not a legal expert)
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01-05-2012, 00:40   #41
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you were tricked

the old landlords and their 13th month trick its as old as the hills

good luck and let us know how you get on
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01-05-2012, 00:49   #42
BornToKill
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Interpretation Act 2005, section 21:


“month” means a calendar month;
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01-05-2012, 00:51   #43
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Quote:
Originally Posted by BornToKill View Post
Interpretation Act 2005, section 21:


“month” means a calendar month;
yay

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01-05-2012, 01:08   #44
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Quote:
Originally Posted by Mr. Loverman View Post
It is possible the landlord is not being sly. It is possible she is simply thick. Talk to her calmly and nicely before you go all Team America on her ass.
Ha, she could quite possibly be thick!! I was out for dinner with a bunch of old mates recently & one of the lads new girlfriends was trying to tell us (like it was a massive revelation!) how in fact pregnancy was 10 months instead of 9!

So apparently theres 40 weeks of pregnancy, which divided by 4 weeks in every month is 10 months!!- in her calculations,

Oh dear.... we all politely nodded
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01-05-2012, 09:05   #45
Milk & Honey
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Quote:
Originally Posted by odds_on View Post
temporary letting agreement ?????


Looks like a home made legal lease agreement and the rest is probably full of legal errors, not to mention clauses contrary to the RTA 2004. You cannot have monthly and 4 weekly - it is contradictory; it must be monthly or 4 weekly.

If you could PM me with a copy of it I will have a look and see (though I am not a legal expert)
I agree you are no legal expert. The Interpretation Act 2005 only applies to interpreting statutes.
4.—(1) A provision of this Act applies to an enactment except in so far as the contrary intention appears in this Act, in the enactment itself or, where relevant, in the Act under which the enactment is made.

(2) The provisions of this Act which relate to other Acts also apply to this Act unless the contrary intention appears in this Act.


A lease is a contract and the common law rules apply.
The word month in a lease without qualification means 4 weeks. If intended to mean calendar month then the words "calendar month" should be used.

Last edited by Milk & Honey; 01-05-2012 at 09:08.
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