Notice period

happymondays

Hi

Can some advise please, if you have a one year fixed lease for a house,
how much notice do you have to give if your moving out?

thanks

MysticalSoul

You need to see the Lease out, as otherwise the Landlord can chase you for the balance due.

happymondays

MysticalSoul wrote: »

You need to see the Lease out, as otherwise the Landlord can chase you for the balance due.

sorry i should mave made myself clearer.
we are planning on seeing the lease out. i meant at the end of the lease.

i.e if the lease is up end of next month do we need to give 28 days notice before the end of the lease or is no notice required and just let the lease run out.

Agent J

When the lease runs out thats it. Whatever date that is.

No need for notice at all.

Ste.phen

Agent J wrote: »

When the lease runs out thats it. Whatever date that is.

No need for notice at all.

Check the lease to see what it says, whatever about your legal obligations, to leave with no notice would be downright rude

RentDayBlues

Most leases will include a months notice clause - it would just be the right thing to do to give this amount of time

bugler

Contact between tenant and landlord a month before the end of the term of a fixed lease is good practice, though not necessarily required. I believe the absence of any contact should lead to the end of the tenancy and the tenant moving out, as you are, but there's no telling how people will interpret it. Some might believe no contact is indicative of a desire or intention to stay on.

Agent J

Ste.phen wrote: »

Check the lease to see what it says, whatever about your legal obligations, to leave with no notice would be downright rude

I concur. As someone said already it is good practice to contact the landlord a month before the end and tell them if you intend to stay on or not.

Although the same could be said of the landlord have equal responability to enquire the same.

Victor

Agent J wrote: »

When the lease runs out thats it. Whatever date that is.

No need for notice at all.

Wrong.

You need to give minimum 35 days notice. See http://www.prtb.ie/DownloadDocs/Terminating_Tenancy.doc

The_Conductor

bugler wrote: »

I believe the absence of any contact should lead to the end of the tenancy and the tenant moving out, as you are, but there's no telling how people will interpret it. Some might believe no contact is indicative of a desire or intention to stay on.

Not so. Once a fixed term tenancy elapses, without being renewed, under the 2004 Residential Tenancies Act- a part 4 tenancy comes into being- which has specific rights and obligations under the act for both tenants and landlords.

holyjoe

Victor wrote: »

Wrong.

You need to give minimum 35 days notice. See http://www.prtb.ie/DownloadDocs/Terminating_Tenancy.doc

you sure?, according to that link you provided

Where a tenancy that was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued.



i think the 35 days your looking at is if you are terminating a tenancy, not if the tenancy is coming to an end.

Agent J

Victor wrote: »

Wrong.

You need to give minimum 35 days notice. See http://www.prtb.ie/DownloadDocs/Terminating_Tenancy.doc

Keep reading...

"Where a tenancy that was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued. "

bugler

Wrong.

You need to give minimum 35 days notice. See http://www.prtb.ie/DownloadDocs/Terminating_Tenancy.doc

As the others say, your own document contradicts you.

Not so. Once a fixed term tenancy elapses, without being renewed, under the 2004 Residential Tenancies Act- a part 4 tenancy comes into being- which has specific rights and obligations under the act for both tenants and landlords.

There is no obligation on the tenant to avail of the Part 4 tenancy. If they stay put past the lease date then I think it's fair to say they are availing, but they are not obliged to. They do not need to serve notice, the lease they signed is up, they are no longer in the dwelling, they do not have to give notice.

All that said it would be fairly absurd to allow things to get into a mess over a lack of simple communication.

the_syco

holyjoe wrote: »

i think the 35 days your looking at is if you are terminating a tenancy, not if the tenancy is coming to an end.

If you want your deposit back, then yeah.