Advise needed please.....

Kimbot

Hi all,

I moved into an apartment last April and signed a 1 year lease. Now I decided I am not renewing the contract so I contacted the letting agent to let them know. They told me that they only let the property so I had to notify the landlord, so for the past few weeks I have been trying to get hold of the landlord but no answer from his phone and he has not returned any of my calls.

I rang the letting agent this morning and all they have is the landlords solicitors address. I have contacted them and they told me that they only have his phone number so I am at a loss now as to how I can get my deposit back. I have contacted Threshold but they have not been of great assistance really other than tell me to try get the contact details from his solicitor.

Can anyone advise me on what I can do now as I am due to move out this weekend and into my new place?

Cheers
Jonny

djimi

Are the landlords contact details not provided on the lease that you signed? Legally they are obliged to provide them to you.

If the only contact details you have are for the landlords solicitor then send a letter to them via the solicitor informing them of your intention to vacate at the end of the lease. Keep a copy for yourself. Do this in writing only; a phone call is not sufficient notice.

Who did you pay the deposit to, and do you have a receipt for it? If you paid it to the letting agent and they gave you a receipt then its them that you should be chasing to get it back. I also find it very odd that they dont have full contact details for the landlord; are they a proper letting agent or just some back lane operation?

ABajaninCork

You should have given your notice in writing. Did you do that?

I would send a registered letter to the solicitor, copying in the agent. I don't believe the solicitor does not have the LL's address or the means to contact him. It is illegal AFAIK to let a property without any contact details for the LL. Neither do I believe the agent. Tell them that you are moving and would expect full repayment of the deposit on satisfactory inspection of the property within 7 days or the matter will be taken up with the PRTB.

I would also advise a through clean of the property before you leave, and be sure to take plenty of DATED photographs of the condition of the property on leaving. Make sure a copy of the day's paper is in view.

What arrangements were you expecting with regard to dropping off the keys and inspection. Did anyone say?

Kimbot

The landlords name and mobile number which I contacted him on a few times before are provided on the lease.

I rang the letting agent and they were given a C/O address which is the solicitor. I contacted them and they are to ring me back after lunch.

I didnt give the landlord written notice as I was trying to get details of where to send it to.

The property isnt registered with the PRTB and threshold told me to obtain the contact details off the solicitor but to write directly to his solicitor to inform them of me leaving. They also said that they might keep my deposit because I am not giving the 35 days notice in writing even tho I couldnt give them notice when I only found out about them today.

Mr.Wemmick

Make sure to write in your registered letter that you have been trying to find out where to send your registered letter/written notice to since x date had huge difficulty finding where to post it to. The LLs address or contact details should have been written clearly on your contract from day one so you know where to write to. As this has not been the case, and clearly not your fault, you are declaring that your notice has been given in full from today's date, including the time spent searching.

Write your letter to the C/O address of the solicitor and post it registered today. Ring the Solicitor's office and inform them of what you are doing.

Godge

You could always write to the PRTB and Revenue with the contact details you have (mobile number etc.) as well as the letting agent and solicitors' contact details asking for any assistance that they could give in helping you contact the landlord - you mightn't get your deposit back but those unhelpful people might have to be a bit more helpful if revenue come callling to them.

lovelyjubbly

If you signed a fixed term lease then you don't have to give notice, it's necessary for return of the deposit and it's bad form not to but it's not a legal requirement.

See this thread http://www.boards.ie/vbulletin/showthread.php?t=2056758460

narddog

Stay in the property rent-free for the amount of time covered by the deposit.

Chris_5339762

Now I decided I am not renewing the contract so I contacted the letting agent to let them know. They told me that they only let the property so I had to notify the landlord, so for the past few weeks I have been trying to get hold of the landlord but no answer from his phone and he has not returned any of my calls.

Despite all thats been said so far wait a minute. Why the hell should you have to contact the landlord himself? The letting agent rented the property to you. Who did you give the deposit to?

My understanding is that the letting agent can't just fob you off like that.

They told me that they only let the property so I had to notify the landlord

That, to me anyway, is crap.

Joe Hart

narddog wrote: »

Stay in the property rent-free for the amount of time covered by the deposit.

He could stay for free for 6 months if he is dealing with an absentee landlord.

ABajaninCork

lovelyjubbly wrote: »

If you signed a fixed term lease then you don't have to give notice, it's necessary for return of the deposit and it's bad form not to but it's not a legal requirement.

See this thread http://www.boards.ie/vbulletin/showthread.php?t=2056758460

Yes, you do. You have to notify the landlord in writing giving at least a month's notice you don't intend to renew.

Joe Hart

ABajaninCork wrote: »

Yes, you do. You have to notify the landlord in writing giving at least a month's notice you don't intend to renew.

100% wrong.
You have to write to inform you are staying on but even that isn't too important.

Jo King

ABajaninCork wrote: »

You should have given your notice in writing. Did you do that?

He is not required to give notice at all.

ABajaninCork

Is this a standard clause here? My lease says I must notify the landlord in writing if I wish to vacate. In the UK, you have to give written notice whether the lease is being extended or not.

Seems to me it's a matter of common sense as well as common courtesy. It is very unfair to the LL if the tenant does not notify them of any intention to vacate at the end of the lease. A simple letter or e-mail saves any confusion.

Jo King

ABajaninCork wrote: »

Is this a standard clause here? My lease says I must notify the landlord in writing if I wish to vacate. In the UK, you have to give written notice whether the lease is being extended or not.

Seems to me it's a matter of common sense as well as common courtesy. It is very unfair to the LL if the tenant does not notify them of any intention to vacate at the end of the lease. A simple letter or e-mail saves any confusion.

This is not the UK. We left the UK in 1922. The tenant is supposed to notify the landlord if they wish to stay and may be liable for the landlords costs if they stay without giving notice. The assumption is that the tenant will vacate at the end of the fixed term.

Residential Tenancies Act 2004.

195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.

(2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.

(3) That notification shall not be made to the landlord—

(a) any later than 1 month before, nor

(b) any sooner than 3 months before,

the expiry of the period of that tenancy.

(4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.

(5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.

Standard leases do not refer to this section since most were originally drafted in before the Act and only make minimal reference to it.

It would make far more sense for landlords to draft better leases. They could issue 4 year leases with annual rent review clause and avoid part 4 leases altogether if they wanted.

djimi

Jo King wrote: »

They could issue 4 year leases with annual rent review clause and avoid part 4 leases altogether if they wanted.

Would they be able to do that? I was of the impression that the terms of a fixed term lease are valid for the entirely of the lease, and as such if somone signed a 4 year lease the landlord would not entitled to review the rent until the 4 years were up.

ABajaninCork

Jo King wrote: »

This is not the UK. We left the UK in 1922. The tenant is supposed to notify the landlord if they wish to stay and may be liable for the landlords costs if they stay without giving notice. The assumption is that the tenant will vacate at the end of the fixed term.

Residential Tenancies Act 2004.

195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.

(2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.

(3) That notification shall not be made to the landlord—

(a) any later than 1 month before, nor

(b) any sooner than 3 months before,

the expiry of the period of that tenancy.

(4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.

(5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.

Standard leases do not refer to this section since most were originally drafted in before the Act and only make minimal reference to it.

It would make far more sense for landlords to draft better leases. They could issue 4 year leases with annual rent review clause and avoid part 4 leases altogether if they wanted.

Although I am English, I am well aware of when Ireland became independent, thank you. There is NO need for the snippiness.

Like I said. I DID NOT know it was standard here that the LL doesn't need to be notified.

I also said did I not, that it is in my lease that my landlord wanted to be notified whether we intended to stay in our residence or not? No mention of Pt 4 in it. I only read about that since joining Boards. You do tend to learn a bit reading the threads here.

It is the norm in the UK that the tenant has to notify the LL of their intentions whether they intend to extend the lease or not. That is all I said.

In the meantime. Thank you for the clarification.

Joe Hart

ABajaninCork wrote: »

Although I am English, I am well aware of when Ireland became independent, thank you. There is NO need for the snippiness.

Like I said. I DID NOT know it was standard here that the LL doesn't need to be notified.

I also said did I not, that it is in my lease that my landlord wanted to be notified whether we intended to stay in our residence or not? No mention of Pt 4 in it. I only read about that since joining Boards. You do tend to learn a bit reading the threads here.

It is the norm in the UK that the tenant has to notify the LL of their intentions whether they intend to extend the lease or not. That is all I said.

In the meantime. Thank you for the clarification.

Don't give out advice about something you don't know then. This forum is clogged up with misleading advice.

ABajaninCork

Joe Hart wrote: »

Don't give out advice about something you don't know then. This forum is clogged up with misleading advice.

Enough, already. The 'advice' I gave was based on my own experience and common sense. OK?

Jo King

djimi wrote: »

Would they be able to do that? I was of the impression that the terms of a fixed term lease are valid for the entirely of the lease, and as such if somone signed a 4 year lease the landlord would not entitled to review the rent until the 4 years were up.

The rent can only be reviewed once a year. If there is an annual rent review clause in a lease the rent can be reviewed every year.
What is happening to many landlords is that they give a one year lease and then the tenants refuse to sign a new lease and rely on their part 4 rights. The landlord is then at risk of getting notice at any time.

http://www.irishstatutebook.ie/2004/en/act/pub/0027/index.html

The above is a link to the Residential Tenancies Act 2004. It would be a good idea for you to read it if you wish to advise people about renting in Ireland. It would be much better than relying on intuition

djimi

Drop the patronizing tone; nobody appreciates being spoken to by a smartarse. Nothing that is said on this forum is in any way legally binding; if someone gives advice then it is up to the OP to verify it before acting up on it. If someone gets something wrong then so be it.

It was the annual rent review clause that I was questioning; I was not aware that such a clause would have any legal standing in a fixed term lease.

the_syco

Tell the EA that your contract is with them, as they're the ones you gave the deposit to, and I take it they're the ones that you gave the signed lease to as well? Inform them that you'll be dealing with only them, and that you'll file a small claims court case against them if they continue to fob you off.

Jo King wrote: »

He is not required to give notice at all.

Where exactly did you get this info from?

The_Conductor

Jo King wrote: »

He is not required to give notice at all.

This depends entirely on what is stated in the lease. I have yet to see a fixed term lease that does not actually specify a notice period- any of the standard leases we supply in Ireland include the obligation on both parties. The clause could be removed, and quite possibly may be- but that is pure speculation.

The Act may not prescribe notice periods for a fixed term lease- the lease itself does in most cases however.