Advice please

xxlauraxxox

Hey guys hoping some-one can offer me some advice...me and my partner have been renting the house were in at the moment for the past 4years and decided a few moments ago we'd move elsewhere so saturday evening we put down a deposit elsewhere on a different house and rang our current landlord and informed him that was with regret we were leaving and gave him our months notice and said wed move out the 19th of november.Now he rings me an hour ago and informs me he'll be in saturday to take pictures of the house and put it on daft and other websites as i dont really have an issue with this i have an issue with the fact we are in the middle of packing and the house wouldnt really be suitable for viewings and that all the furniture is ours as well.... have we any rights to this i just feel that after 4years of been more than a loyal tentant he could at least give us a chance to move our things out

any advice appricated

handlemaster

What's the problem let the guy take some photos. I thought you'd have to give longer than a month after four years

handlemaster

What's the problem let the guy take some photos. I thought you'd have to give longer than a month after four years

xxlauraxxox

handlemaster wrote: »

What's the problem let the guy take some photos. I thought you'd have to give longer than a month after four years

we have no lease we aren't registered with the PRTB my problem is i dont want a load of poeple coming in assuming they are getting fancy recliners 50inch tvs etc when they are mine that and the fact the house is not as clean as we are in the middle of moving we work 6days a week and he expects the house to be spotless

handlemaster

Why would someone viewing think that ?

handlemaster

Why would someone viewing think that ?

odds_on

xxlauraxxox wrote: »

we have no lease we aren't registered with the PRTB my problem is i dont want a load of poeple coming in assuming they are getting fancy recliners 50inch tvs etc when they are mine that and the fact the house is not as clean as we are in the middle of moving we work 6days a week and he expects the house to be spotless

is there any way we can recover the rent arrears without a lease or rent book .

The fact that you have no lease (and i presume, therefore, that you did not verbally agree to a fixed period of time to remain in the property) means that you have acquired Part 4 rights and are covered by the Residential Tenancies Act 2004 in your obligations to renting.

One of those obligations is that if you decided to leave, your "Notice of termination" must be in writing and you must give 56 days notice, not just one month (because you have been living there for more than 2 years) and you are liable for the rent until the 56 has expired.

However, if your landlord has accepted your verbal notice of one month there is no problem.

Under the law, you do not have to allow the landlord into the property to take photos nor to have viewings. However, if you decide to do this, the landlord may turn round and insist on a written Notice and 56 days notice period.

I don't think, if you are doing packing and the place is somewhat untidy, the landlord will get decent photos which would "sell" the property to potential tenants. He may find it better to wait until you have vacated and he could redecorate making the property more presentable - but then, that is his choice.

As regards your tenancy not being registered with the PRTB is to your benefit as the landlord cannot make a claim against you but you can always make a claim against him.

awec

xxlauraxxox wrote: »

we have no lease we aren't registered with the PRTB my problem is i dont want a load of poeple coming in assuming they are getting fancy recliners 50inch tvs etc when they are mine that and the fact the house is not as clean as we are in the middle of moving we work 6days a week and he expects the house to be spotless

Why do you care if that's what they think upon viewing? It's not your problem to get the house let.

If you're moving on the 19th november, when are you realistically going to have so much packing done that the house looks a complete mess? I mean your move date is almost a month away still.

The_Conductor

If it doesn't suit you- say so- its your prerogative- you're entitled to peaceful use of the property until you vacate the tenancy.
If he insists (which he isn't entitled to), I'd suggest putting dust sheets over the TV and larger pieces of furniture.
Hes not being fair on potential tenants photographing the place with all your furniture present- as there is a not unreasonable expectation that this is how the property would be supplied (seeing as we have an awful habit of letting furnished property (with crap furniture) here in Ireland).

Your call one way or the other- but the LL cannot barge in and photograph the place without your permission.

djimi

Whatever you do, put your notice in writing and get his response in writing also. The last thing you need is for him to turn around when you leave and say that you didnt give sufficient notice (which you didnt) and that he is keeping some of the deposit to cover the difference. Verbal agreements are all well and good until you need to prove them.

Agree with others about the viewings; most people will allow a certain degree of access in the final couple of weeks of a tenancy, but you are not obliged to. To be honest, taking photos with all of your stuff in place is nothing something that I would allow; the last thing I want is the wrong element trawling through Daft, getting a lovely eyefull of everything I have in my house and my address to make it nice and easy for them.

Santa Cruz

xxlauraxxox wrote: »

Hey guys hoping some-one can offer me some advice...me and my partner have been renting the house were in at the moment for the past 4years and decided a few moments ago we'd move elsewhere so saturday evening we put down a deposit elsewhere on a different house and rang our current landlord and informed him that was with regret we were leaving and gave him our months notice and said wed move out the 19th of november.Now he rings me an hour ago and informs me he'll be in saturday to take pictures of the house and put it on daft and other websites as i dont really have an issue with this i have an issue with the fact we are in the middle of packing and the house wouldnt really be suitable for viewings and that all the furniture is ours as well.... have we any rights to this i just feel that after 4years of been more than a loyal tentant he could at least give us a chance to move our things out

any advice appricated

Advice. Start with the grammar, "My partner and I"
Spelling "tenant" not "tentant". "appreciated" not "appricated"
Capital letters for days and dates therefore Wednesday, Saturday and November. Capital letters for "I"
Also more use of commas and full stops


Why do I bother?

xxlauraxxox

Santa Cruz wrote: »

Advice. Start with the grammar, "My partner and I"
Spelling "tenant" not "tentant". "appreciated" not "appricated"
Capital letters for days and dates therefore Wednesday, Saturday and November. Capital letters for "I"
Also more use of commas and full stops


Why do I bother?

GET OFF MY THREAD IF YOU DONT LIKE MY GRAMMER

D3PO

OP if it doesn't suit you say no.

However realize that you owe 114 days notice and not a months so if you act the boll0x then don't come back on here complaining that the LL does the same in return.

They have been accomadating by letting you leave with less notice than they are entitled to so it would be in your best interest to return the favour.

The_Conductor

D3PO wrote: »

OP if it doesn't suit you say no.

However realize that you owe 114 days notice and not a months so if you act the boll0x then don't come back on here complaining that the LL does the same in return.

They have been accomadating by letting you leave with less notice than they are entitled to so it would be in your best interest to return the favour.

+1

I'm guessing the landlord isn't aware of the legal notice periods?

D3PO

The_Conductor wrote: »

+1

I'm guessing the landlord isn't aware of the legal notice periods?

perhaps. Then again its amazing what a LL will seek to find out when a tenant is being a pain in the ass.

Santa Cruz

xxlauraxxox wrote: »

GET OFF MY THREAD IF YOU DONT LIKE MY GRAMMER

O.K. I'm going. No need to get shirty. But remember it's "grammar" not "grammer"

djimi

D3PO wrote: »

OP if it doesn't suit you say no.

However realize that you owe 114 days notice and not a months so if you act the boll0x then don't come back on here complaining that the LL does the same in return.

They have been accomadating by letting you leave with less notice than they are entitled to so it would be in your best interest to return the favour.

Its 56 days notice for a tenant who has been in the tenancy for 2+ years. 112 days only applies to the landlord giving notice.

D3PO

djimi wrote: »

Its 56 days notice for a tenant who has been in the tenancy for 2+ years. 112 days only applies to the landlord giving notice.

my bad your right. Sorry rushing into a meeting. Either way the sentiment remains LL is letting the tenant leave early and if they are unaccomadating then they can have no complaints if the same happens in return which would I suspect mean a financial hit for the OP as they would likely have to double up on rent for a month or lose their deposit which quite frankly they cant have any complaint about.

Its a game of give and take the LL has been accomadating to them they should return the favour what is being asked isn't overly intrusive to be fair.

moc moc a moc

xxlauraxxox wrote: »

GET OFF MY THREAD IF YOU DONT LIKE MY GRAMMER

It's not polite to shout.

Also, this isn't your thread; it's a public forum and your grammar is a public eyesore.

djimi

D3PO wrote: »

my bad your right. Sorry rushing into a meeting. Either way the sentiment remains LL is letting the tenant leave early and if they are unaccomadating then they can have no complaints if the same happens in return which would I suspect mean a financial hit for the OP as they would likely have to double up on rent for a month or lose their deposit which quite frankly they cant have any complaint about.

Its a game of give and take the LL has been accomadating to them they should return the favour what is being asked isn't overly intrusive to be fair.

Absolutely. As I said above, put the notice in writing and get the response in writing. Verbal notice means absolutely nothing legally, especially when its not even valid in terms of the amount of notice given, so its vital that the arrangement is put in writing.

djimi

moc moc a moc wrote: »

It's not polite to shout.

Also, this isn't your thread; it's a public forum and your grammar is a public eyesore.

In an internet forum, not an English class. Lack of punctuation aside, I doubt anyone had any issues understanding what the OP meant.

Santa Cruz

djimi wrote: »

In an internet forum, not an English class. Lack of punctuation aside, I doubt anyone had any issues understanding what the OP meant.

What's the harm in a bit of fun?

The_Conductor

Guys- I am not impressed.
If you want to join the grammar and spelling nazis- please take yourself elsewhere- this is not an appropriate venue.

Regards,

The_Conductor