42 days notice

AstraMonti

So here is the deal, our landlord sold the house and he wants us out in the legal time of 42 days but that just kills our holidays, and I can't afford paying two rents. My question is, are we legally binded to stay all the 42 days and pay the rent for this, or we can move out whenever it suits us?

I find this part: http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html but it doesn't answer my question.

Victor

You can move anytime you want. However, you may have to pay rent up to the time when you would be moving oout if you give notice.

You do not have to pay rent beyond the point where the landlord wants you out.

AstraMonti

Victor wrote: »

You can move anytime you want. However, you may have to pay rent up to the time when you would be moving oout if you give notice.

You do not have to pay rent beyond the point where the landlord wants you out.

Thank you. Is there any law that I can quote for that? Let's take an extreme case, if he gave me the notice yesterday and I move out in the weekend, would he be required to refund me 15 days of rent as I have already paid for the month?

Victor

First off, consider talking tot he landlord, explaining the position.

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No. If he asked you to move out yesterday, giving 42 days notice, you would need to be out before the end of August and need to pay until then.

However, depending on how long you have been there, if you need to give less than 42 days notice, then give that notice and you only have to pay until the end of that notice.

http://public.prtb.ie/DownloadDocs/Termnating_Tenancy.pdf

Notice Periods for the Termination of a Tenancy by the Landlord
Subject to the terms of any letting agreement in place, the notice period to
terminate a tenant’s tenancy is determined by the duration of the tenancy, as
follows:

Notice Period Duration of Tenancy
28 days Less than 6 months
35 days 6 months or more but less than 1 year
42 days 1 year or more but less than 2 years
56 days 2 years or more but less than 3 years
84 days 3 years or more but less than 4 years
112 days 4 or more years


Notice Periods for the Termination of a Tenancy by the Tenant
Subject to the terms of any letting agreement in place, if a tenant wishes to
terminate the tenancy, the notice period that must be given to the landlord is
determined by the duration of the tenancy:

Notice Period Duration of Tenancy
28 days Less than 6 months
35 days 6 months or more but less than 1 year
42 days 1 year or more but less than 2 years
56 days 2 years or more

Other information here: http://public.prtb.ie/downloads.htm

AstraMonti

Thanks again.

I am living here for 16 months. I would have no problem staying all the 42 days, but my issue is that it messes up our holidays and he is not eager to listen about it.

I don't understand if the law is with him here or with me. Will moving earlier than the end of the notice period affect the deposit in any way? The most possible scenario is that I will be out at the end of July. If he doesn't agree on that and I still move out, can he hold the deposit as unpaid rent for august?

Sorry for the questions, but i am a bit confused.

The_Conductor

AstraMonti wrote: »

Thanks again.

I am living here for 16 months. I would have no problem staying all the 42 days, but my issue is that it messes up our holidays and he is not eager to listen about it.

I don't understand if the law is with him here or with me. Will moving earlier than the end of the notice period affect the deposit in any way? The most possible scenario is that I will be out at the end of July. If he doesn't agree on that and I still move out, can he hold the deposit as unpaid rent for august?

Sorry for the questions, but i am a bit confused.

You have received the statutory notice- and are obliged to move within the 42 days. You can stay until the very last day if you so choose- or you can leave at the end of July. Irrespective of when you leave- you have to pay rent until the end of the period of notice. You could ask the landlord whether he is amenable to you moving early- and whether you could just pay rent up to the end of July in this case- however he is under no obligation whatsoever to agree to this.

Regarding the deposit- its sole purpose is restitution of damage over and above normal wear and tear. The landlord is not entitled to use the deposit in lieu of rent due- without your consent.

AstraMonti

Well that kind of sucks. He is kicking me out and he has the right of way. Not fair!

Thank you though, your replies have been helpful.