Got notice to move, need advice!

draven3410

I am currently living in a house that the landlord occupies a room in, however she is currently working and living in England and has been for some time. She has her parents acting on her behalf.

Her parents gave me one months notice from the 01/08/09 and to be gone by 01/09/09.

my questions are:
1)does the landlord have to reimbuse the balance of rent along with my security deposit if I leave before the 01/09/09 and hand back the key?
2) Does the landlord have to supply copies of the bills owed to her on the day i hand back the key (it was aranged that any outstanding bills be taken from the deposit)
3)Does the landlord have to give the deposit and balance of rent (if applicable) on the day i give back the key.

thanks for any advice!!!!!

D3PO

draven3410 wrote: »

I am currently living in a house that the landlord occupies a room in, however she is currently working and living in England and has been for some time. She has her parents acting on her behalf.

Her parents gave me one months notice from the 01/08/09 and to be gone by 01/09/09.

my questions are:
1)does the landlord have to reimbuse the balance of rent along with my security deposit if I leave before the 01/09/09 and hand back the key?
2) Does the landlord have to supply copies of the bills owed to her on the day i hand back the key (it was aranged that any outstanding bills be taken from the deposit)
3)Does the landlord have to give the deposit and balance of rent (if applicable) on the day i give back the key.

thanks for any advice!!!!!

if you have paid rent past the 1st of august then it woudl be reimbursable. How this could happen give you got a months notice I cant figure out ??? Why would you overpay

yes its reasonable to get your deposit back minus bills on the day your leaving, dont hand the keys back until you get it.

Also your post is contradictory. How is the landlord living in the house and living in England ......

draven3410

Ah, she owes the house and has a room for herself when she comes back to Ireland, which isn't that often. It counts as "living" in the house with regards to 'private renting' rights vs 'living with the landord' rights. Basically its a workaround so that the landlord doesnt have to pay as much tax.

I paid the rent out on the 22nd, it takes some time to go to her acount but is in from the first of the month. I had transferred the money into her account already when her parents gave me the notice that evening. I hope to be moved out by the 08/08/09, meaning that only one week of rent would be due. I'm just worried that they'd try to keep the rest month for the three weeks after i move out.

D3PO

fistly I dont believe thats a "workaround" the houseowner is either resident or not. if he/she is not resident you should have been witholding 20% of the rent to pay directly to the revenue.

not sure of the situation regards the return of all the rent if you decide to move before the notice period.

Common sense and decency would say they should pay the money back, but Im not sure legally what the position would be.

draven3410

yeah, i had rang the citizen info and said that it was a loophole, but it was one that they were currently trying to tie. Residency here means you have to be in the country x amount of days over the year, but you could be here for just a few hours to count as a day.

The_Conductor

draven3410 wrote: »

yeah, i had rang the citizen info and said that it was a loophole, but it was one that they were currently trying to tie. Residency here means you have to be in the country x amount of days over the year, but you could be here for just a few hours to count as a day.

That is tax residency. This differs from the definition of a PPR (Principal Private Residency)- the definition of Principal Private Residence is not a matter of choice but a matter of fact..... If she is habitually resident elsewhere- even though she maintains a room in the dwelling which she owns- the tenant should be witholding 20% of the rent, and forwarding it to the Revenue Commissioners as witholding tax.

Normally the designation of a PPR is an implement used for CGT purposes- but it does have to be where you normally live- it is my belief that she does not meet this criteria.

S.

draven3410

ah, i see. that is a major difference.

The_Conductor

She is probably trying to manipulate the situation so she doesn't pay tax on any rental income she gets.

If she doesn't habitually live there- she owes tax, plain and simple.

Have you claimed rent relief btw? You're entitled to- regardless of her tax status......

D3PO

its worth remembering what SMSCarrick has said just incase there is any reluctance to return the money due to you

eden_my_ass

On the issue of leaving early, you may or may not have made an agreement about notice. They have given you a months notice to leave, you have given no notice (as you weren't planning on leaving)...if you leave early thats your decision but you owe the full month. Imagine the roles were reversed and you gave a months notice, but then left after a week and demanded your 3 weeks back...works both ways. My advice would be stay as long as you can if possible, otherwise try to be nice and see if an arrangement can be reached...

draven3410

I rang the Citizen's information board - they said that my situtation is more a 'private residence' as opposed to "landlord present". As such, 28days notice is required. however if it is a 'landlord' situtation, then it would be written on the contract. However, as it doesn't say on the contract, it's a very grey issue.
he said that if it wasnt resolved to a) bring them to the small claims court and b) report them to the PRTS, and if the PTRS finds that they are an absentee landlord they wll get very large fines!

Ste.phen

ALso, what did your lease say? Many leases *dont* allow for the possibility of ending early, so they can gurantee a full year's rent

D3PO

Ste.phen wrote: »

ALso, what did your lease say? Many leases *dont* allow for the possibility of ending early, so they can gurantee a full year's rent

wakey wake he was given notice to leave. the question is if he leaves before the end of the months notice he was given is he on the hook for the remainder of the month. Nothing to do with ending a lease early.

draven3410

I dont have a lease. and what i signed doesnt say how much notice i have to give, also according to the citizens info board, if it isn't in writing, i don't have to give notice. I'm considered a "guest". 28days notice is only in Private residency renting or if notice was agreed in writing.