rent/deposit

heybuddy

hey i was wondering if anyone can help me.
Myself and my girlfriend have been renting an apartment and the lease finished on 31 jan 2010. we have been renting for a year. we never signed any other lease and just paid the rent at the start of the month for feb and same for march..we have now found somewhere else we would like to rent starting on 1st april..but have been told that we need to give a months notice or we will lose deposit and i said ok if i give u notice from now..can we move out on 10th april but was told we still have to pay for the month of april then or we will lose deposit..is this right?? there is no lease in place at present
Any help would be really appriciated, thanx

D3PO

no thats not correct. a month is from the day you give it end of story. tell him you will contact the PRTB to dispute this if he doesnt abide by the tennancies act 2004 (which hes not doing if he wont accept your notice)

heybuddy

ok thanx. i am meeting him later so will say that to him. thanx again

Xiney

Actually, since you've been there over a year, you have to give 42 days notice (and pay for this time)

So the earliest you could move out is the 22nd of April, if you give formal written notice today. However, you need only pay the rent up to the 22nd - you don't need to go to the end of the month. (Obviously you then need to vacate the premises by the 22nd)

20goto10

Xiney wrote: »

Actually, since you've been there over a year, you have to give 42 days notice (and pay for this time)

This is true. Check your rent book, it lists the notice needed depending on duration of your tenancy. But I'm guessing your landlord doesn't have a rent book for you so you can check here instead:
http://www.threshold.ie/page.asp?menu=74&page=256

cojomo2

I think the landlord may be correct. My understanding is you have to give 1 months notice from the time you are paid up to. If you pay your rent at the end of feb for march, then after that point if you give a notice period, this wont kick in till the end of march as you have already paid up till then.

Xiney

cojomo2 wrote: »

I think the landlord may be correct. My understanding is you have to give 1 months notice from the time you are paid up to. If you pay your rent at the end of feb for march, then after that point if you give a notice period, this wont kick in till the end of march as you have already paid up till then.

nope - you can give notice whenever and that's when it's effective.

swift89

your longer then a year there so its more then a months notice u need to serve,
28 days up to 6 months ,35 days if more then 6 months ,after a year is 42 days
http://www.citizensinformation.ie/categories/housing/renting-a-home/types_of_tenancy#rules

remember you are the one wanting to leave not him wanting you to leave
if u can agree on 28 days notice thats fine but to be proper it needs to be in writing but date it from the day u notified him and both parties sign it.
you will also need to work out how much rent is owed for the days needed to see out the notice.
i would not go down the road of paying another full month and loose out that way also.