Notice after few days

WooPeeA

Hi,

I moved into the new flat few days ago (Friday, July 10th), paid deposit and monthly rent in advance. Unfortunately I have to give a notice to my landlords.

Did I lost my monthly rent or I can give let's say 2 weeks notice and they will give rest of the rent back to me? It's paid monthly if that makes any difference.

engrish?

WooPeeA wrote: »

Hi,

I moved into the new flat few days ago (Friday, July 10th), paid deposit and monthly rent in advance. Unfortunately I have to give a notice to my landlords.

Did I lost my monthly rent or I can give let's say 2 weeks notice and they will give rest of the rent back to me? It's paid monthly if that makes any difference.

You are entitled to your deposit back provided you give 28 days notice in writing.

eth0_

engrish? wrote: »

You are entitled to your deposit back provided you give 28 days notice in writing.

If he signed a years lease, then technically he's not entitled to his deposit back and could legally be chased for the entire years rent.

OP - what has changed in the space of two days? Were you made redundant?

bugler

Yup, the existence or absence of a lease (and any relevant clause relating to termination) is key.

If you have signed a fixed term lease then you are not entitled to your deposit back (barring the existence of a very generous termination clause). As Eth0 says, it is technically possible to be pursued for the remainder of the rent, though I haven't heard of this happening anyone, probably because:

1. Landlords don't pursue it. It is quite a vindictive route.
2. Even if this outcome is sought, the tenant disappears and any judgement can't be enforced. A victory on paper for the landlord, but no year's rent.

If anyone has knowledge of a residential tenant being pursued for the remainder of the rent please share it.

All that said, it's worth a shot talking to the landlord or agent, especially if there are mitigating circumstances. I dealt with an agent who had a very loose interpretation of a fixed term lease and allowed termination with notice at any time. This is rare though.

The only issue I'd like to get clarification on is whether there is any cooling off period allowed for in agreements of this kind (assuming a lease is signed). Do you have x days to row back on it?

EDIT: Apparently there is no cooling off period for contracts relating to accommodation from what I can tell.

WooPeeA

eth0_ wrote: »

If he signed a years lease, then technically he's not entitled to his deposit back and could legally be chased for the entire years rent.

I didn't sign anything.

OP - what has changed in the space of two days? Were you made redundant?

It's in the middle of travelers/gypsies settlement which I didn't realize when I saw the flat for the first time (it seemed to be so quiet then). They keep horses and drink in the front of my building. I'm not a racist or anything like that but I can recognize strange characters and don't want to risk my property. That's the main reason.

edit: I didn't sign anything but also the description on draft.ie (that's how I found this flat) was saying "No minimum lease period."

bugler

Well you're relatively lucky then. Maybe they're used to people leaving early!

You need to provide written 28 day notice of your intention to leave.

engrish?

bugler wrote: »

Yup, the existence or absence of a lease (and any relevant clause relating to termination) is key.

If you have signed a fixed term lease then you are not entitled to your deposit back (barring the existence of a very generous termination clause). As Eth0 says, it is technically possible to be pursued for the remainder of the rent, though I haven't heard of this happening anyone, probably because:

1. Landlords don't pursue it. It is quite a vindictive route.
2. Even if this outcome is sought, the tenant disappears and any judgement can't be enforced. A victory on paper for the landlord, but no year's rent.

If anyone has knowledge of a residential tenant being pursued for the remainder of the rent please share it.

All that said, it's worth a shot talking to the landlord or agent, especially if there are mitigating circumstances. I dealt with an agent who had a very loose interpretation of a fixed term lease and allowed termination with notice at any time. This is rare though.

The only issue I'd like to get clarification on is whether there is any cooling off period allowed for in agreements of this kind (assuming a lease is signed). Do you have x days to row back on it?

EDIT: Apparently there is no cooling off period for contracts relating to accommodation from what I can tell.

This is a grey area. The tenancies act 2004 says that tenants can leave with a certain notice period. To the best of my knowledge a lease is irrelevant.

For my own curiosity, can you quote any sources for this?

Thanks,

athtrasna

No the 2004 Act refers to tenancies without a fixed term lease, or running leases of over 6 months where there is no finite date for end of lease.

engrish?

athtrasna wrote: »

No the 2004 Act refers to tenancies without a fixed term lease, or running leases of over 6 months where there is no finite date for end of lease.

Thanks for that, I thought it negated all residential leases

WooPeeA

Thanks to all of you! I'm gonna call my landlord in few minutes.

BC

athtrasna wrote: »

No the 2004 Act refers to tenancies without a fixed term lease, or running leases of over 6 months where there is no finite date for end of lease.

Not entirely true.
Some parts of the act (e.g the responsibilities of landlord & tenant) apply regardless of whether a lease exists.

bugler

The RTA 2004 is a disaster for this very reason, it acts like it doesn't know what a lease is for the most part. It also doesn't help that "a lease can give you rights in addition to your statutory rights, but can't take any of them away". From what I can tell, the right to leave giving notice is not a statutory right that cannot be contracted out of. So fixed term leases must be adhered to much the same as any legally binding contract, provided they have not been breached in some manner.

My understanding of the whole mess is derived from feedback from Threshold and the PRTB.

WooPeeA

WooPeeA wrote: »

Thanks to all of you! I'm gonna call my landlord in few minutes.

What are you going to say to him?



My sympathies here, I'd be out like a shot too - lease or not.

Victor

WooPeeA wrote: »

drink in the front of my building.

Drinking in public is an offence in most areas.