Asked to leave.

dobman88

This is a long one but please bare with me.

Our landlady asked my girlfriend and I to leave her house that we have been renting for 2 years, with no problems, because she is selling it. That's fair enough.

She rang me on Wednesday 26th March saying she had sent a solicitors letter notifying us and the phone call was a courtesy call so we wouldn't be surprised to recieve the letter in the post. Our lease is up on the 27th of April. All going well so far.

I immediately got on the hunt for alternative accom for 2 reasons: 1, there isn't many properties in our area with a garden (we have a dog). 2, we wanted to give our landlady the option to get the house on the market ASAP. So, we found a house yesterday and everything just clicked with the new landlord. They offered us the house on the spot, we accepted. We are due to move in next Sunday 6th April.

I rang our landlady telling her we had found a new place and would be moving out in 8 days, we pay the rent weekly and she said before that we only had to give 1 weeks notice if we were to leave. This is where the problems are starting. She rang me back saying that we have to give 1 months notice or else our deposit is forfeit. She also said that she had to give us 6 weeks notice if she asked us to leave which she hasn't done. Rang me on 26th March, lease up on 27th April. Only 32 days not the required 42 days.

We have been very good tenants, never missed a rent payment and never caused a single problem for her. We even put up with the boiler not working for over a year and mould on the bathroom ceiling when we first moved in because we knew she had her own personal problems. We even boxed up all her plates, bowls, pots, pans, cutlery and anything else we didn't own and bought our own so everything belonging to her will still be as new.

My questions are: Do we actually have to give a months notice to be entitled to our deposit back, even though she asked us to leave and we are doing so?

Would going to see a solicitor do any good because she hasn't given us the 42 days notice and is also requesting that we give her one months notice, which seems very unfair seeing how we didn't want to leave and are giving her a weeks notice anyway.

Sorry for the post being all over the place but this has left me very frustrated.

djimi

Assuming you have been in the property for more then 2 years, both yourself and the landlord would need to give 56 days written notice. You can of course mutually agree to a shorter notice period when the time comes (not in advance, ie it cannot be written into a lease).

Do you have a fixed term lease that is currently in effect?

odds_on

we pay the rent weekly and she said before that we only had to give 1 weeks notice if we were to leave.

If this agreement was not immediately prior to the request to leave, it would be invalid. Any mutal agreement differing from the Residential Tenancies Act 2004 may only be made at earliest, immediately prior to a notice of termination.

She rang me on Wednesday 26th March saying she had sent a solicitors letter notifying us and the phone call was a courtesy call so we wouldn't be surprised to recieve the letter in the post.

Did the solicitor's letter give a date to vacate by or notice period?

This is where the problems are starting. She rang me back saying that we have to give 1 months notice or else our deposit is forfeit. She also said that she had to give us 6 weeks notice if she asked us to leave which she hasn't done.

Legally, a tenant who has been in residence for between 1 and 2 years must give 42 days notice - the same as a landlord.

Would going to see a solicitor do any good because she hasn't given us the 42 days notice and is also requesting that we give her one months notice, which seems very unfair seeing how we didn't want to leave and are giving her a weeks notice anyway.

The main question boils down to if the agreement for 1 weeks notice (or a notice period given in the solicitor's letter of termination, is valid - was it made immediately prior to the notice of termination. If it was immediately prior, you accepted that notice period and therefore, IMO, mutually agreed.

Whatever happens, there is no need to go to a solicitor, if there is a dispute, the cheapest way is to make a claim with the PRTB.

dobman88

We understand that we would have to give a notice period if we were to leave of our own accord. But, are we still obliged to give the same notice period when we are told to leave the house? We didn't want to leave the house and it seems a but unfair that we are still required to give 6 weeks notice after being told to leave. If it was our choice, we would have no problem forfeiting the deposit but being expected to forfeit it when we were asked to leave doesn't seem right.

We still haven't received the solicitors letter informing asking us to leave. And we don't have time to go through the PRTB because we need the deposit for the new place and the house isn't registered with the PRTB.

ChRoMe

dobman88 wrote: »

We still haven't received the solicitors letter informing asking us to leave.

Then the count down on her notice has not even started yet, you still have a bit more time.

jimmi

dobman88 wrote: »

We understand that we would have to give a notice period if we were to leave of our own accord. But, are we still obliged to give the same notice period when we are told to leave the house? We didn't want to leave the house and it seems a but unfair that we are still required to give 6 weeks notice after being told to leave. If it was our choice, we would have no problem forfeiting the deposit but being expected to forfeit it when we were asked to leave doesn't seem right.

We still haven't received the solicitors letter informing asking us to leave. And we don't have time to go through the PRTB because we need the deposit for the new place and the house isn't registered with the PRTB.

We were in a similar situation recently. Having been asked to leave a property by our landlord's agent and finding a new place within a week, our landlord suddenly became furious at our departure and needed to spend our deposit in order to calm down.

After 2 years of PRTB and solicitors etc we eventually got our deposit and costs back but it was an incredibly long and frustrating process.

If the LL takes a notion to keep your depo, I doubt you'll see it again for at least 12 months.

the_syco

dobman88 wrote: »

we pay the rent weekly and she said before that we only had to give 1 weeks notice if we were to leave.

Do you have this in writing (letter, text, email, etc?) anywhere?

Ray Palmer

OP you have to give the LL more than a weeks notice. They will be able to hang on to the deposit because they will not be able to find somebody willing to sign up to such a short lease. The LL is losing money as a result of your actions.
No different from the LL giving you notice of a longer period and then cutting it short and expecting you out sooner.

You are in the wrong here.

Flippyfloppy

I know nothing about renting but by the sounds of it, unless you have the 1 weeks notice in writing it looks like you will have to ask the new landlords to hang on a bit longer. Or forfeit your deposit.

dobman88

Ray Palmer wrote: »

OP you have to give the LL more than a weeks notice. They will be able to hang on to the deposit because they will not be able to find somebody willing to sign up to such a short lease. The LL is losing money as a result of your actions.
No different from the LL giving you notice of a longer period and then cutting it short and expecting you out sooner.

You are in the wrong here.

Our LL is selling the house, thats why we got a plqce straight away. To let her get it on the market straight away.

Anyway, I saw a solicitor today and he rang her solicitor and he rang her solicitor and as long as the place is in the same condition we got it in, we get our deposit back. The house is perfect.

Why should we have to give a months notice when we were asked to leave and didn't want to leave. Landlords think they have too much power.

edanto

I think you'll get your deposit back here.

The landlord is probably short on money and looking for some excuse to keep your deposit. You've been very helpful; found a place as soon as they asked; sooner than expected, which has led to the place potentially being empty for a while. Am I understanding it right so far? I'd guess they don't even want to spend the money on the solicitors letter - which is why you didn't get it yet.

Your best option is a meeting with the landlord. Lay it out as it is, you've been helpful to them by vacating, and you've been lucky enough to find a suitable place. The threat to keep the deposit is a serious one, potentially causing a major cash flow problem for you. Potentially delaying your move from the house - it could take 6 months to find another suitable rental if you miss this one.

Another angle to play is the PRTB registration. Emphasise that any dispute relating to the deposit or notice period will be going to the PRTB. It's not your problem if then tenancy isn't registered, but it could cause problems for the landlord, problems they don't need right now.

It might be safe to assume that the landlord is relatively ignorant of the rules, given their lack of awareness of the notice period, and their belief that they need a solicitor to send a letter ending a tenancy. Feel free to abuse their ignorance.

Present the path of refunding the deposit as being the option with a lot less problems for then landlord and they'll probably see the light.

edanto

dobman88 wrote: »

as long as the place is in the same condition we got it in, we get our deposit back.

I read this a bit quickly initially - does this mean that the issue is resolved?

skwinty

I had to chase my LL regarding notice period required, now i have it in writing. But it seems, LL's in Dublin will chance their arms at anything to get more money!! It's ridiculous. i have years of experience in renting and the standards i have seen here in Dublin are shocking, both accomodation and LL wise!

dobman88

edanto wrote: »

I read this a bit quickly initially - does this mean that the issue is resolved?

Yes, we hope. Will find out at the weekend when we meet the LL to get deposit back.

foggy_lad

dobman88 wrote: »

Yes, we hope. Will find out at the weekend when we meet the LL to get deposit back.

take pictures of everything! all damage and any scrapes or scuff marks etc, take thousands of pictures or the landlord could keep your deposit to cover repainting and normal wear and tear.

ChRoMe

edanto wrote: »

I read this a bit quickly initially - does this mean that the issue is resolved?

It's a wonderfully ambiguous requirement.

Good luck OP

dobman88

So, we got our deposit back on Friday. All of it. Our landlady rang me and admitted herself the house was in better condition now than when we moved in and even cancelled her painters. We also left some oil in the tank so she wouldn't have to get someone out to light the boiler again, saving her that expense. She will struggle to find better tenants than us imo.

I can't believe there are still landlords out there screwing tenants. If I hadn't stood up for myself then she would have kept the deposit. LL's get away with far too much.

We are now settled in our new place in a nice area and closer to work so heres hoping it works out. Thanks for all the advice, even the advice disagreeing with me, I like to hear every argument in a situation. And thanks to those who offered their support, was much appreciated by my OH and I.

edanto

Nice one, good work. Appreciate the update too, it's great when people come back to their threads to let ya know how it panned out.

Onwards and upwards!

Moonbeam

Glad to hear it all worked out in the end

kitchenkid

Thanks for the update - so many dont bother. Glad you got sorted.

The_Morrigan

kitchenkid wrote: »

Thanks for the update - so many dont bother. Glad you got sorted.

This isn't a soap opera you know, OP's aren't required to return and update you on their lives.