Tenancy/potential landlord issues

Paul Tergat

Just looking for some advice here, hope someone can help out

I moved into a place 2 years ago when starting my Masters course. I had to request a lease for my own piece of mind and its dated 1/9/2011 for the term 1 year. I have stayed in the place since paying rent and bills on time on every occassion. I paid my deposit of 1 months rent at the start of the tenancy:

- I assume I am fully entitled to my full deposit back. There is no damage to anything and the only thing that could be seen wrong is very minor flaking of paint by my bedroom window (I assume this considered normal wear and tear as specified in my lease). I expect to receive the deposit back at the end of the lease and I fully intend on leaving the place as clean as when I moved in.

- The other issue I have is this. From what I gather the landlady never registered the tenancy with the PRTB. Its been her nephew who has been living in the aparment with me the whole time (save the last month when he has sublet his room - wasnt a problem for me) and he has recently said that when he moves back in he would like to have the place to himself (reckon he might be moving the missus in) which again I'm fine with as im looking to move anyway - but never told him that.
He told me this last week, think it was the 22nd/21st and said he would give me time to move out and get a place - we get on grand.

My question is - if i find a place lets say tomorrow and move out do I need to give 1 months notice? i.e. pay another months rent here. Im of then impression that I dont - due to the lease having expired a year ago (I just stayed here since as before) and him saying he no longer wants a co-tenant I should then get my full deposit back and only pay the rent for the remaining period that im here (If I leave say on the 10th November I pay 10 days as I've rent paid up til start of November)?

I realise its a bit long winded but just wanted to get in all the facts.

foggy_lad

Ask him how much notice he is giving you and how much he wants from you and then ask when you will get your deposit back.

Paul Tergat

foggy_lad wrote: »

Ask him how much notice he is giving you and how much he wants from you and then ask when you will get your deposit back.

Well I mean its all really amicable, hes a sound lad but I'm more concerned over being charged rent longer than I need to pay.

When he called up last week he said until the end of November to find somewhere - but surely I can't be held to 39 days notice? Surely it reverts back to a month at a maximum. Lets say the date is 22nd Nov - do i have to pay rent up to this point even if I leave early? Seems harsh considering it's not me who has made the request to leave

Gertrude2

If the rent is monthly, then you have to give 1 month notice.

foggy_lad

After 6 months of your lease you gained part 4 rights and although you have stayed past the lease date you still have those part 4 rights, you are entitled to more notice, if there between 1 and 2 years you are entitled to 42 days notice.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Paul Tergat

Gertrude2 wrote: »

If the rent is monthly, then you have to give 1 month notice.

even though its not me who has requested the move?

so in this case, to avoid paying 2 sets of rent, i just need to coincide the start of new lease with end of old one?

Paul Tergat

foggy_lad wrote: »

After 6 months of your lease you gained part 4 rights and although you have stayed past the lease date you still have those part 4 rights, you are entitled to more notice, if there between 1 and 2 years you are entitled to 42 days notice.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

my issue is more if i leave early. i dont think he would kick me out but i think he will look to round up to months end re: keeping rent

say if i leave on the 5th November - i will have paid rent for month - should i get 25 days of that rent back along with deposit when i leave on 5th?

QuiteInterestin

foggy_lad wrote: »

After 6 months of your lease you gained part 4 rights and although you have stayed past the lease date you still have those part 4 rights, you are entitled to more notice, if there between 1 and 2 years you are entitled to 42 days notice.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

It think he has been there since 1/9/11 so its 2-3 years so 56 days notice required, also your landlord can only ask you to leave in certain circumstances as explained in link above (not sure if requiring property for nephew would be considered valid - is a nephew an immediate family member?)

The_Morrigan

OP nobody here can advise as to what your landlords reaction to this will be as you seem to be dealing as mates rather than a professional situation.  
Pick up the phone and ask the landlord if he will be agreeable to partial rent for November if you move out early, otherwise plan your move to coincide with the next rent date.

Paul Tergat

QuiteInterestin wrote: »

It think he has been there since 1/9/11 so its 2-3 years so 56 days notice required, also your landlord can only ask you to leave in certain circumstances as explained in link above (not sure if requiring property for nephew would be considered valid - is a nephew an immediate family member?)

Yeah i dunno how this really works.

So I have up to 56 days should I choose to exercise this right BUT my concern is what happens if I find somewhere within 10 days of this 56 - surely I dont need to pay the remaining 46 days? I just pay the 10, get my deposit back and get out?

The_Morrigan

Paul Tergat wrote: »

Yeah i dunno how this really works.

So I have up to 56 days should I choose to exercise this right BUT my concern is what happens if I find somewhere within 10 days of this 56 - surely I dont need to pay the remaining 46 days? I just pay the 10, get my deposit back and get out?

You pay the rent for the full notice period unless waived by mutual agreement with the landlord.

Paul Tergat

The_Morrigan wrote: »

OP nobody here can advise as to what your landlords reaction to this will be as you seem to be dealing as mates rather than a professional situation.  
Pick up the phone and ask the landlord if he will be agreeable to partial rent for November if you move out early, otherwise plan your move to coincide with the next rent date.

Yeah I've given him a buzz and he is going to call in to me after work tomorrow. I think I just wanted to know where I stood. He said no rush, lets say end of November but I think he meant I was to pay up until end of said date regardless if I find a new place at that time or say today. I think I should only, legally, have to pay for the time I remain here now, be that til the end of Nov or tomorrow.

Paul Tergat

The_Morrigan wrote: »

You pay the rent for the full notice period unless waived by mutual agreement with the landlord.

Oh I wasnt sure this was the case as it was determined by my housemate (who is sort of the landlord as its his aunt who owns the place).

I guess I'm moving out at the end of November then as I'm not willing to pay 3 weeks rent in my current and potential new place.

Thanks for advise people, appreciated

The_Morrigan

Paul Tergat wrote: »

Oh I wasnt sure this was the case as it was determined by my housemate (who is sort of the landlord as its his aunt who owns the place).

I guess I'm moving out at the end of November then as I'm not willing to pay 3 weeks rent in my current and potential new place.

Thanks for advise people, appreciated

Don't deal with your house mate only the landlord.

Paul Tergat

The_Morrigan wrote: »

Don't deal with your house mate only the landlord.

I've never seen or spoken to her. I know she lives up the road though (shes named and addressed on the lease). It all goes through him, rent and bill payment from me etc

The_Morrigan

Paul Tergat wrote: »

I've never seen or spoken to her. I know she lives up the road though (shes named and addressed on the lease). It all goes through him, rent and bill payment from me etc

In this situation I think you should deal with her as she is named on the lease and should be the one asking you to leave. She is also the only one that should be able to give you notice to terminate and negotiate any parting terms..like partial rent, deposit etc.

Paul Tergat

The_Morrigan wrote: »

In this situation I think you should deal with her as she is named on the lease and should be the one asking you to leave. She is also the only one that should be able to give you notice to terminate and negotiate any parting terms..like partial rent, deposit etc.

Yeah this makes sense but does the fact that all dealings were through him (showing me the house, living with him the past 2 years, giving all rent/bill payments to him) change anything?

I'd rather not have to get onto her, as she has to send me the stuff in writing etc etc and I get 56 days then to leave. I'd rather it be amicable but then if I find a suitable place and given im moving out before the full notice period, I'm not willing to pay the remaining rent for said notice period remaining.


So just to be clear, lets say she says out before end of November I can say my rights/obligations are:
- im allowed 56 days notice from when SHE asks in writing
- if I leave before this though I must pay the remainder of the notice period up?

fasttalkerchat

I think you should offer to pay pro-rata for each day you're there until you move out. Since you're doing him a favour by not holding him to see out the contract notice period he is unlikely to demand that you stay longer.

Paul Tergat

fasttalkerchat wrote: »

I think you should offer to pay pro-rata for each day you're there until you move out. Since you're doing him a favour by not holding him to see out the contract notice period he is unlikely to demand that you stay longer.

This is what I think I will go with and seems fair. Like I've been zero hassle to him, we've got along grand and its his change of circumstances and not something requested by me. It's not like he needs the notice to move someone else in, he just wants the place freed when he moves back in and the sub-let with the other person ends.

I'm concerned though he think its a case of him saying end of November and I've to pay up until then. This isnt correct

Paul Tergat

Just as an aside - has the landlady broken the terms of the lease by virtue of not registering with the PRTB?

fasttalkerchat

Paul Tergat wrote: »

This is what I think I will go with and seems fair. Like I've been zero hassle to him, we've got along grand and its his change of circumstances and not something requested by me. It's not like he needs the notice to move someone else in, he just wants the place freed when he moves back in and the sub-let with the other person ends.

I'm concerned though he think its a case of him saying end of November and I've to pay up until then. This isnt correct

If you wanted to leave you would have to give 56 days paid notice but since its by mutual agreement, you have to agree terms also.
If he's being an ass about it you can say, "In that case, I think I'll stay."
Hopefully he will see that you're being very civil about it.

foggy_lad

Paul Tergat wrote: »

Just as an aside - has the landlady broken the terms of the lease by virtue of not registering with the PRTB?

no

The_Morrigan

Paul Tergat wrote: »

This is what I think I will go with and seems fair. Like I've been zero hassle to him, we've got along grand and its his change of circumstances and not something requested by me. It's not like he needs the notice to move someone else in, he just wants the place freed when he moves back in and the sub-let with the other person ends.

I'm concerned though he think its a case of him saying end of November and I've to pay up until then. This isnt correct

Well technically he can't tell you to leave so neither of you are correct.
You have to pay the notice period unless waived by the landlady. You have no recourse if it all goes tits up with him as you don't want to deal with your landlady.

djimi

Paul Tergat wrote: »

Oh I wasnt sure this was the case as it was determined by my housemate (who is sort of the landlord as its his aunt who owns the place).

I guess I'm moving out at the end of November then as I'm not willing to pay 3 weeks rent in my current and potential new place.

Thanks for advise people, appreciated

There's no "sort of"; he either is the landlord or he isn't, and your situation could be drastically different depending on which it is.

Mrs OBumble

The_Morrigan wrote: »

Well technically he can't tell you to leave so neither of you are correct.
You have to pay the notice period unless waived by the landlady. You have no recourse if it all goes tits up with him as you don't want to deal with your landlady.

I'm not even sure if this is legally correct.

OP, what will happen once you move out - could it be that the nephew just starts paying the entire rent himself? Could it be considered that are in fact sub-leasing to him, since he doesn't have a lease himself (just a guess on my part).

If that's the case, then I think that the pragmatic "agree a pro-rate amount yourself" approach is best - you just need to make sure that the legalities are tied up with his aunt in case he stops paying and she comes looking to you in future.

Whatever the legalities are, it seems to me that this is a situation best sorted out by negotaition and not by recourse to the law: no ones best interests will be served by legalism here.

Paul Tergat

Just as update he dropped by this evening and we had a chat.

He says just pay the rent up front and 'see how it goes'. I asked if its pro-rata and he said we will see. This does not fill me with any confidence at all. He didnt know about the 56 days notice and seemed to think he could just say end of the month.