Lease termination

obnicc

Hello all,

Just wondering if anyone can give me some advice, I am just coming to the end of my 1 year lease in February, as it is my first time renting I am unsure of a couple of things. I have tried to contact the letting agency but they are still closed after New Years.

Firstly, how much notice do I have to give the landlord that I will not be renewing the lease? And how do I get my deposit back? I have read through my lease agreement and it does not specify in it.

Thanks in advance

The_Conductor

Technically- as you are ending a fixed 1 year term lease, and do not intend to continue the tenancy- no notice is required (as you have not invoked a Part 4 tenancy). In practice, a month's notice would be given to the landlord (30 days), unless there are other arrangements specified in the lease.

obnicc

The_Conductor wrote: »

Technically- as you are ending a fixed 1 year term lease, and do not intend to continue the tenancy- no notice is required (as you have not invoked a Part 4 tenancy). In practice, a month's notice would be given to the landlord (30 days), unless there are other arrangements specified in the lease.

Thank you. I have gone through the lease over and over and cannot find anything about notice.

Another thing i am confused on is the rent, i moved in on the 16th of feb and i paid 850 euro deposit and the first two weeks rent, which came to just under 400, to bring me to the 28th when i paid the monthly rent of 850.
Does this mean that i am paying one month in advance? and does it mean that i should not be paying a full months rent this month as we will be moving out two weeks into next month?

The_Morrigan

The landlord/agent dated the lease on the 16th and then made your rent due date the 28th of each month?
Contact the agent to let them know that you will be moving out on X date and ensure they are made aware of the rent owed versus the rent due date as they don't seem to match up if I understand your post correctly.

djimi

You have presumably paid 11 and a half months rent up until the 28th Dec, so you would only owe rent until the end of the lease, not a full month at the end.

I have never understood this nonsense of paying a portion of a months rent until x date at the start of a tenancy. The lease starts on the 16th, therefore the first months rent is paid, in full, on the 16th, and each subsequent months rent comes out on the 16th. In future, just keep it simple and dont allow a landlord to insist on paying half months rent or whatever to get the rent date to a date that suits them, its just too messy.

odds_on

You should also request a pre-exit inspection, 2-3 weeks prior to leaving, so that the landlord/agent can point out any issues (damage in excess of normal wear and tear) that you can rectify before a final inspection and vacating. This should help to ensure that your deposit is returned in full and promptly.

obnicc

The_Morrigan wrote: »

The landlord/agent dated the lease on the 16th and then made your rent due date the 28th of each month?
Contact the agent to let them know that you will be moving out on X date and ensure they are made aware of the rent owed versus the rent due date as they don't seem to match up if I understand your post correctly.

Yep my lease started feb 17th 2013 and the direct debit mandate for my rent is the 28th of every month. The agent had asked if I wanted any specific date for direct debit and I picked 28th due to it being payday for me!

The letting agent is still out of office after the new year. She told me however that once she handed over the keys that her job was done, i have had no dealings with her since.

obnicc

djimi wrote: »

You have presumably paid 11 and a half months rent up until the 28th Dec, so you would only owe rent until the end of the lease, not a full month at the end.

I have never understood this nonsense of paying a portion of a months rent until x date at the start of a tenancy. The lease starts on the 16th, therefore the first months rent is paid, in full, on the 16th, and each subsequent months rent comes out on the 16th. In future, just keep it simple and dont allow a landlord to insist on paying half months rent or whatever to get the rent date to a date that suits them, its just too messy.

Its actually my fault because the letting agent asked what date i would like the rent to come out of my account and i just picked the 28th because i would always know for sure that there would be money in my account that date! This was my first year renting so I have definitely learned a lot.

The_Morrigan

Ok, so use the contact details from your lease to contact the landlord/agent about leaving the property. Do it in writing so you have a paper trail and I'd do it asap because of the difference in the lease date and rent date.
As already suggested organise an inspection of the property so you get your deposit back on leaving day.

obnicc

Ok and should i make note of the final rent due not being a full months rent? as i will have to cancel the direct debit mandate and transfer the different amount. Any advice on how i work out the half month rent?

The_Morrigan

obnicc wrote: »

Ok and should i make note of the final rent due not being a full months rent? as i will have to cancel the direct debit mandate and transfer the different amount. Any advice on how i work out the half month rent?

Of course tell them! Give them half of what you usually paid. Make sure they know in advance of this payment though otherwise there will be threats of retaining deposits etc

djimi

obnicc wrote: »

Ok and should i make note of the final rent due not being a full months rent? as i will have to cancel the direct debit mandate and transfer the different amount. Any advice on how i work out the half month rent?

For simplicity sake Id probably just give notice now until the 28th (or whenever the next months rent would be due), but I suppose it depends on whether or not you have something new lined up.

obnicc

I dont have anything lined up for sure yet, im trying to arrange some viewings this week but family live close so its not the end of the world if i need to crash somewhere for a few days.

Its all very confusing, i wish i had of prepared for this before the last month in the lease lol.

Im going to write a letter to my landlord now then and get it sent off this afternoon.

Just want to make sure im definitely right about the rent, dont want to blow any chances of a reference!

wench

Rent should be easy enough, €850 minus what you paid the first month.
So if you gave €400 at the start, you would owe €450 now.

obnicc

Finally got a hold of the letting agent and she said I must give the landlord 35 days notice in writing....not sure where that number comes from as it is not mentioned in the lease.

So I have sent a registered letter notifying my landlord. Thanks to everyone for their advice!

djimi

obnicc wrote: »

Finally got a hold of the letting agent and she said I must give the landlord 35 days notice in writing....not sure where that number comes from as it is not mentioned in the lease.

So I have sent a registered letter notifying my landlord. Thanks to everyone for their advice!

If youre giving notice while the lease is still in effect then they should be glad that you are giving notice at all.

It would be 35 days if you had no lease and were in the property for less than year, or 42 days if stay over the year. The lease trumps this though.

The_Morrigan

The estate agent probably took the figure of 35 days from the RTA 2004.


From the PRTB quick guide to the RTA 2004

The notice period to be given depends on the length of the tenancy as follows:

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

Shorter notice periods apply where termination is for noncompliance with tenancy obligations (7 days for serious anti-social behaviour, 28 days for other breaches) and the parties may also agree a shorter notice period at the time of termination (but not earlier). Longer notice may be given, but not more than 70 days where the tenancy has lasted less than 6 months.