Giving my landlord notice

massy086

hi all i have been renting for the last 28 months.my current lease ends in may and i will be moving to a bigger home.what i need to know is how much notice do i have to give my landlord that i will be leaving.cheers all

johnp001

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

56 days according to this if its not a fixed term lease

pooch90

From the OP it appears you have a fixed term lease, a month's notice would be sufficient in that case.

Chris_5339762

No, you can't break a fixed term lease. Its not as simple as giving a months notice. You're there until the end of the fixed term unless by mutual agreement or break clause.

kalych

After 28 months in the place provided you have neutral-to-positive relations with the landlord, I would suggest talking to them about your current circumstances. While Chris above is correct, if you were a decent long-term tenant, the landlord may agree to termination, disregarding the lease terms. Maybe he thinks he can get a better rate in the market now rather than when you signed and would jump at an opportunity.

Too often people blindly follow what the contract says without just talking it out first. The other party mightn't mind.

massy086

Ill be honest i would rather give 28 days if possible.im on a fixed term lease so would 28 days be all i have to give

The_Morrigan

massy086 wrote: »

Ill be honest i would rather give 28 days if possible.im on a dixed tearm lease so would 28 days be all i have to give

Read your lease.

salamanca22

massy086 wrote: »

Ill be honest i would rather give 28 days if possible.im on a fixed term lease so would 28 days be all i have to give

Unless there is a break clause in your lease that will allow you an avenue to terminate a lease early you would have to submit notice 56 days prior to the date you wish to move out. This date will also have to fall on a date after the lease has ended.

massy086

salamanca22 wrote: »

Unless there is a break clause in your lease that will allow you an avenue to terminate a lease early you would have to submit notice 56 days prior to the date you wish to move out. This date will also have to fall on a date after the lease has ended.

My lease ends on may 3rd this year i pay my rent the 1st of every month.so idealy i would like to leave the end of april.so in turn im not looking to break the lease.also i would like if possible to give 28 days notice close to the end of march.is this legal and ok

salamanca22

massy086 wrote: »

My lease ends on may 3rd this year i pay my rent the 1st of every month.so idealy i would like to leave the end of april.so in turn im not looking to break the lease.also i would like if possible to give 28 days notice close to the end of march.is this legal and ok

You would have to talk to your landlord about any concessions regarding the end date of the tenancy and notice period. He is not obliged to give any though.

You are required by law to give 56 days notice as you have been resident in the house for more than two years. A notice of 28 days will not suffice and you will be liable for rent due up to the 56th day.

You should tender a properly formatted notice letter exactly 56 days before you lease ends and hand it to your landlord or send it by registered post. This is your obligation.

massy086

salamanca22 wrote: »

You would have to talk to your landlord about any concessions regarding the end date of the tenancy and notice period. He is not obliged to give any though.

You are required by law to give 56 days notice as you have been resident in the house for more than two years. A notice of 28 days will not suffice and you will be liable for rent due up to the 56th day.

You should tender a properly formatted notice letter exactly 56 days before you lease ends and hand it to your landlord or send it by registered post. This is your obligation.

Thats great .exactly what i needed to know cheers

The_Conductor

salamanca22 wrote: »

You would have to talk to your landlord about any concessions regarding the end date of the tenancy and notice period. He is not obliged to give any though.

You are required by law to give 56 days notice as you have been resident in the house for more than two years. A notice of 28 days will not suffice and you will be liable for rent due up to the 56th day.

You should tender a properly formatted notice letter exactly 56 days before you lease ends and hand it to your landlord or send it by registered post. This is your obligation.

Not entirely accurate.
Those are the terms associated with a Part IV tenancy under the 2004 Residential Tenancies Act. The OP has a fixed term lease. The notice period will be defined in the fixed term lease- and are binding on the OP. It is entirely possible that more favourable terms other than those of the 2004 RTA may be defined in the lease- aka- it might be 28 days- however, the OP needs to check their lease.

A fixed term lease may give a tenant rights in excess of those under the Residential Tenancies Act- however, it may not offer reduced rights (to the tenant). In a case where conditions in a fixed term lease are more onerous than the similar conditions under the Act- the conditions under the Act apply- however- the OP has not told us what their lease states- and this is what they need to refer to in the first instance.

salamanca22

The_Conductor wrote: »

Not entirely accurate.
Those are the terms associated with a Part IV tenancy under the 2004 Residential Tenancies Act. The OP has a fixed term lease. The notice period will be defined in the fixed term lease- and are binding on the OP. It is entirely possible that more favourable terms other than those of the 2004 RTA may be defined in the lease- aka- it might be 28 days- however, the OP needs to check their lease.

A fixed term lease may give a tenant rights in excess of those under the Residential Tenancies Act- however, it may not offer reduced rights (to the tenant). In a case where conditions in a fixed term lease are more onerous than the similar conditions under the Act- the conditions under the Act apply- however- the OP has not told us what their lease states- and this is what they need to refer to in the first instance.

Landlords and tenants are free to agree a lesser notice period than those specified in the Act. However, such an agreement may only be entered into at or after the time that one of the parties indicates to the other the intention to terminate the tenancy. It is not, for example, legal to agree to a shorter notice period at the time the tenancy is being first entered into.

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#la1b6d

Read the second to last paragraph on that section.

http://www.threshold.ie/download/pdf/residential_tenancies_act_2004_a_quick_guide.pdf

Page 10, first section.

The_Conductor

salamanca22 wrote: »

Landlords and tenants are free to agree a lesser notice period than those specified in the Act. However, such an agreement may only be entered into at or after the time that one of the parties indicates to the other the intention to terminate the tenancy. It is not, for example, legal to agree to a shorter notice period at the time the tenancy is being first entered into.

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#la1b6d

Read the second to last paragraph on that section.

http://www.threshold.ie/download/pdf/residential_tenancies_act_2004_a_quick_guide.pdf

Page 10, first section.

Exactly.
This refers to a Part IV tenancy.
A landlord and his tenant can agree to different terms in their lease- providing the terms are more favourable to a tenant- than those in a Part IV tenancy.
They can also agree different terms when giving notice- but both parties have to agree to it.

salamanca22

The_Conductor wrote: »

Exactly.
This refers to a Part IV tenancy.
A landlord and his tenant can agree to different terms in their lease- providing the terms are more favourable to a tenant- than those in a Part IV tenancy.
They can also agree different terms when giving notice- but both parties have to agree to it.

That is not how I understand it. A tenancy at it's inception is not a Part IV tenancy as we all know, it becomes one after 6 months. It is widely stated across multiple sources that at the beginning of a tenancy you cannot negotiate shorter notice periods, you can only do this once one party informs the other of their intent to end the tenancy.

I am open to correction though and when I get some time will have a look at the act itself and try to get an exact answer from it.

From the document from threshold I linked too

• The Act allows for leases to provide greater security of
tenure for tenants, and allows leases to specify longer
notice-periods. However a lease cannot detract from the
security of tenure measure specified in the Act. A landlord
and a tenant can agree shorter notice periods, but only at
the time the tenancy is being terminated.

To me that suggests, since it mentions a lease that you cannot legally enforce any notice periods shorter than those outlayed in the act until one party wishes to terminate the lease where you can then negotiate to your hearts content.

pooch90

OK, so is it basically a situation where you are staying until the end of your lease and just not renewing it?
The 56 day notice thing does not apply to you as you have a fixed term lease so ignore all that.
How are relations with your LL?if it were me, I would mention it to them now that you won't be renewing in May and I will provide written notice if they want it.

salamanca22

pooch90 wrote: »

OK, so is it basically a situation where you are staying until the end of your lease and just not renewing it?
The 56 day notice thing does not apply to you as you have a fixed term lease so ignore all that.
How are relations with your LL?if it were me, I would mention it to them now that you won't be renewing in May and I will provide written notice if they want it.

If a tenant has exercised his or her right to a part IV tenancy after 6 months while renting then yes, notice needs to be tendered. Lease or no lease.

Though I am definitely open to correction on that one as I know the law is a bit ambiguous around it.

pooch90

Then they wouldn't have an end date for their lease.

campingcarist

salamanca22 wrote: »

If a tenant has exercised his or her right to a part IV tenancy after 6 months while renting then yes, notice needs to be tendered. Lease or no lease.

Though I am definitely open to correction on that one as I know the law is a bit ambiguous around it.

Surely, they will only exercise their full right to a Part 4 tenancy laws, after the end of a fixed term lease and no new fixed term lease has been signed and is currently in place.

My understanding is that at the end of a fixed term lease there is no need to give any notice as the fixed term then expires. However, it is polite to advise the landlord that you will be vacating at the end of the fixed term. However, if there is no Fixed term in place then 56 days notice in writing is required (which may by mutual agreement be shorter, or longer.

I hope I am correct in my understanding of the different types of leases. and stand to be corrected.

gaius c

salamanca22 wrote: »

You would have to talk to your landlord about any concessions regarding the end date of the tenancy and notice period. He is not obliged to give any though.

You are required by law to give 56 days notice as you have been resident in the house for more than two years. A notice of 28 days will not suffice and you will be liable for rent due up to the 56th day.

You should tender a properly formatted notice letter exactly 56 days before you lease ends and hand it to your landlord or send it by registered post. This is your obligation.

You're wrong. A lease can strengthen the tenant's rights and not lessen them but you're making the mistake of thinking it goes both ways.

The lease is a legal contract and when it expires, he's entitled to leave if renewing it is not in his plans. In fact, he doesn't have to give any notice at all but a courtesy call a month in advance would be advised. He does however have to give notice if he intends to stay beyond the end of the lease, either on Part IV or with another lease.

johnnyskeleton

Leaving aside all the intricacies, basically you have a lease until the start of may and want to leave at the end of april, so why not tell him now that you intend to leave at the end of the period but can move out a bit earlier if it suits. Tell him you will facilitate viewings from the start of april. Be completely reasonable and in this marker its hard not to get new tenants. In fact, most landlords these days will increase the rent for the new tenant.

But in the worst case scenario you will have given him over 56 days notice and will have completed the lease, so youre right on all the technicalities.

Fkall

gaius c wrote: »

You're wrong. A lease can strengthen the tenant's rights and not lessen them but you're making the mistake of thinking it goes both ways.

The lease is a legal contract and when it expires, he's entitled to leave if renewing it is not in his plans. In fact, he doesn't have to give any notice at all but a courtesy call a month in advance would be advised. He does however have to give notice if he intends to stay beyond the end of the lease, either on Part IV or with another lease.

The above is incorrect.

The landlord like the tenant is entitled to a number of statutory protections under the RTA. Sometimes people forget the act cuts both ways

Mellowbird

If you are sure you are leaving at the end of April, why not tell him now? Are you worried about giving him too much notice? Why do you need to find out whether it's 28 days before the last day or 56 days or 45 days or 33 days or ....