Will we lose our deposits?

eth0_

Myself and two friends moved into a house in July 2007.
We now find ourselves in the position where we will have to move out - I am leaving Ireland, and one of the girls is on the dole and they have said they can't continue to pay her rent for her as it is in excess of the upper limit for rent allowance.

We are going to give notice on the house today, however, we are worried they will keep our deposits.

We received a new lease at the end of July this year, but we never sent it back to them and they never contacted us about it.

Does this mean we have no contract with them and they must return our deposit if we give 1 months notice and there is no damage to the house?

Ste.phen

If you didn't sign an updated lease you're probably considered a part 4 tenancy under the residential tenancies act, 2004.

In that case for more than 1 year but less than 2, the notice period is 42 days.
If you give the 42 days notice, you should get your deposit back and not be liable for any more rent.

Check the Act to see what form the notice needs to be in, if you just call them and tell them it may not count as proper notice and they might be able to hold you to another month's rent?

eth0_

Oh, that's great. I don't mind paying a bit of extra rent (assuming they can't find replacement tenants before the end of the month) as long as it means we get our deposits back.

Thanks!

Ste.phen

Check out the guide to the Act on prtb.ie, it's a pain to read through sometimes but as far as I can see you're covered

eth0_

Letting agent/management company lady replied to me today, she was very understanding and said she'd speak to the landlord. So fingers crossed he will be ok with us moving out.

Climate Expert

Does this mean we have no contract with them and they must return our deposit if we give 1 months notice and there is no damage to the house?

yep, its a part 4 tenancy now so just give the right amount of days notice. You don't have to let people into your house to view if you don't want to either.

Emerald Lass

Climate Expert wrote: »

yep, its a part 4 tenancy now so just give the right amount of days notice. You don't have to let people into your house to view if you don't want to either.

not necessarily true, you need to check the last lease you signed as the terms of that lease will still hold under the part 4 agreement.

But anyway, the sooner you allow people to view the property, the sooner the LL will find a new tenant and you may then be able to move out under the 42 days, thereby not need to pay additional rent. also if the LL has been a good LL and been decent to you then I think it is only fair that you facilitate him or her in re-renting the house. That way you can be sure to get your deposit back and a good reference. Piss him/her off, and they might find some issues regarding the condition of the property and try to withold some of your deposit.

eth0_

I HAVE facilitated them. I've asked them several times if they want me to advertise the house in work - i work for a large, reputable company which has foreign staff starting here on a weekly basis - and i've been ignored by the letting agent. I don't have any contact details for the landlord himself.

Emerald Lass

sticking up an ad is not what I mean about facilitating - the letting agent is paid to advertise the house anyway, so they should be doing it on line for the LL. What I mean by facilitating is to allow viewings - not much good having an ad, getting a response and then telling the prospective tenant that they cannot view the property for another 4 weeks til the current tenant moves!

if the LL has been fair with you then its give and take - I don't see why you should refuse to allow viewings. And as I said pissing him/her off unneccessarily is silly - they could hold back some of the deposit by being overly picky when doing the inventory, or likewise they could refuse to give you a reference for your next property. Why aggrivate people without need? if he/she has been ok with you, not given you any cause for complaint, then I think its the decent thing to do to allow viewings (within reason of course).

eth0_

Emerald Lass wrote: »

if the LL has been fair with you then its give and take - I don't see why you should refuse to allow viewings. And as I said pissing him/her off unneccessarily is silly - they could hold back some of the deposit by being overly picky when doing the inventory, or likewise they could refuse to give you a reference for your next property. Why aggrivate people without need? if he/she has been ok with you, not given you any cause for complaint, then I think its the decent thing to do to allow viewings (within reason of course).

Are you blind?

Where did I say I would not allow viewings? Where did I say I was pissing off the letting agent? If anything she was the one aggravating us - ignoring all phone calls and emails for over a week. All I was asking her for was an update from the landlord.

As it happens, she got back to me yesterday and said we can move out at the end of the month.