Leaving without giving landlord 1 months notice

38141

I left my accommodation without giving the landlord one month's notice. Is the landlord entitled to withold the deposit on the grounds that I did not give him one month's notice?

The letting agreement is silent on this.

scaldybelt

You have a letting agreement that speaks for itself, normally?

Seriously though, I don't think you should expect the deposit back. That's why you paid it in the first place - in case you left him short through damage/shortpayment.

Although it may not say it in the agreement, he does afterall have the deposit in his back pocket and the argument could be worth watching for any flies on walls!

But I'm no expert and I'm sure this thread will provide a lot more detail shortly.

BC

From PRTB:

"Therefore if a tenant ends a tenancy by giving a landlord less than the required period of notice, or only verbal notice, or a written notice that does not comply with the Act, it is at the landlord's discretion whether to make a deduction from the deposit in respect of the outstanding rent appropriate to the notice period to which he/she was entitled by way of a valid Notice of Termination."

Bear in mind that depending on how long you have lived there the landlord could require more than the deposit!

kmick

Do you owe him rent - if so he will take it all. If you dont owe him rent and you did not get a replacement for yourself then he is entitled to take it. Basically you did wrong so dont expect to get rewraded for it.

38141

I paid one month's rent two weeks before leaving, am I entitled to a refund of this rent?

dellas1979

Yes you can get your deposit back, unless specifically stated in your contract.

I would advise you to contact threshold.ie.

seamus

dellas1979 wrote:

Yes you can get your deposit back, unless specifically stated in your contract.

This depends on how long the OP has been there. There is a minimum notice period, depending on the length of the tenancy, which overrides anything in any contract.

Assuming he has been there for less than 6 months, then one month's notice was required. Seeing as he paid for a month's rent, then left two weeks into the month, then the landlord is entitled to deduct the remaining two weeks from the deposit (along with any outstanding bills), and return the rest to the OP.

The_Conductor

38141 wrote:

I paid one month's rent two weeks before leaving, am I entitled to a refund of this rent?

Payment from you towards your rent is treated differently than your deposit.
You left two weeks early, without giving your landlord the requisite notice, as specified in your letting agreement. Your landlord is entitled to rent in-lieu of notice, i.e. two weeks prepaid rent along with two weeks rent which may be deducted from your deposit. This is at the discretion of the landlord. If you ring the PTRB they will confirm this.

Is there a particular reason you left at such short notice, having prepaid rent in advance? If there are extenuating circumstances, perhaps your landlord may look favourably on your request to have your deposit returned.

Note: When you left- I take it you immediately informed the landlord of leaving, and he/she did not find out when rent next came due?

Ring the PTRB- they will advise you of both your rights and entitlements, and also those of your landlord. Unfortunately from your perspective, the law is there to protect both parties, you broke your side of the letting agreement, your landlord consequently has rights on his side, which he/she may choose to exercise.

38141

I've heard that the PRTB usually lean heavily in favour of the landlord, if i mentioned the this crowd to him is he likely to soften his stance?

seamus

Not if he's in the right. By trying to get him to give you back your deposit, you're attempting to screw him out of what he's due. Work out what you owe him, then work out what you're due to receive back from your deposit. Give him the figures.

BC

OP, are you breaking a lease? How long have you been there? Did you tell the landlord at all that you are leaving?

Lex Luthor

38141 wrote:

I left my accommodation without giving the landlord one month's notice. Is the landlord entitled to withold the deposit on the grounds that I did not give him one month's notice?

Short answer, YES