Giving notice even though lease is up

weeeeeeeezy

Hi,
Just wondering is there a set notice period to be given to landlord if you are not intending to re-new a lease at the end of the lease. Obviously we will have to tell the ll at some point we are not staying on but just wanted to double check if there is a set number days/weeks/months notice you have to give.

I noted on PRTB website that its 35 days if the lease is between 6 month -1 year but this doesnt specify if thats when you are breaking the lease agreement or all times.

Don't want to run the risk of losing deposit.

Thanks!

Ms. Chanandler Bong

weeeeeeeezy wrote: »

Hi,
Just wondering is there a set notice period to be given to landlord if you are not intending to re-new a lease at the end of the lease. Obviously we will have to tell the ll at some point we are not staying on but just wanted to double check if there is a set number days/weeks/months notice you have to give.

I noted on PRTB website that its 35 days if the lease is between 6 month -1 year but this doesnt specify if thats when you are breaking the lease agreement or all times.

Don't want to run the risk of losing deposit.

Thanks!

At all times I think...
I usually go with "the longer you're in a place, the more notice you give" ie was living in my last place for 1 year, gave notice when paying rent for last month. Was living in house before that for nearly 10 years, gave about 8 months' notice that I was moving.

pooch90

I think the notice periods that vary are for Part 4 tenancy. It seems you have a fixed term lease so you shouldn't need to give notice as your contract is expiring. As a courtesy I would tell the LL at the beginning of your last month you're not renewing

echosound

I'd always give written notice no matter what, just to have it on paper. Even an e-mail if nothing else, if you have their e-mail address.

If you know for sure you will be moving at the end of the lease, let the LL know in writing a month in advance, you could even give them two month's notice if you have that much time left to run on the lease.

Will give them more time to advertise etc, and that could put you on their good side

weeeeeeeezy

If you are staying on after lease expires do you sign a new lease or what happens...

Giblet

You don't have to sign a new lease, although some landlords will request it, When the lease runs out, you enter into a Part 4 tenancy, which is basically a rolling, month to month lease. You do have to give the required notice to get out of it.

If the landlord tries to get you to sign, you could use this to renegotiate new terms if you wanted, although you could try that anyway!

robd

pooch90 wrote: »

I think the notice periods that vary are for Part 4 tenancy. It seems you have a fixed term lease so you shouldn't need to give notice as your contract is expiring. As a courtesy I would tell the LL at the beginning of your last month you're not renewing

That's absolutely not true. A standard fixed term lease sets out a requirement of notice and the notice period. It is typically equivalent to 1 payment period. So for a monthly payment you must give 1 months notice. The lease rolls into a part 4 tenancy if notice not given and notice is then variable based on time in dwelling.

In other words read the lease.

weeeeeeeezy

Thanks Robd. Just read all 21 pages of the lease and it states the following:

Notice of termination of a tenancy must be in writing and must be made in accordance with the provisions of the Residential Tenancies Act 2004 (No. 27 of 2004)

But all No.27 says is this

27.—In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date.

But the residential tenancies act is a v long document so maybe I'm missing something....

But as it states in the lease that we have to give notice I'm going to assume that 1 month is sufficient notice...