Moving out earlier than agreed

PatsyR

I moved into a room recently. I paid a deposit, didn't sign anything but assumed I'd be there at least 6 months. Problem is things at work have gone pear shaped nd I can't afford to stay put. If I explain my situation and say goodbye to the deposit, will this be a hassle free thing?

athtrasna

PatsyR wrote: »

I moved into a room recently. I paid a deposit, didn't sign anything but assumed I'd be there at least 6 months. Problem is things at work have gone pear shaped nd I can't afford to stay put. If I explain my situation and say goodbye to the deposit, will this be a hassle free thing?

Does your landlord live in the house /apartment?

PatsyR

athtrasna wrote: »

Does your landlord live in the house /apartment?

No just 3 other tenants

Eldarion

It is what it is. Who did you pay the deposit to? If it was to another tenant then the best thing to do would be have a chat with them. Explain how your circumstances have changed and you need to go earlier than intended. Forfeit your deposit to allow them to find a replacement for you while not being put out of pocket themselves.

Legally you can't be chased for anything since you haven't signed a lease, but on the flip side it makes trying to recover your deposit that much more difficult also.

Alternatively, you could line someone up to take over your room, with the approval of the other housemates of course. This way you could recover your deposit from the new tenant and move out guilt free.

PatsyR

I paid the deposit directly to the landlord and I have actually looked around for someone to replace me but I can't get anyone. I'm willing to take the loss of the deposit, just don't need any more hassle. He's kind of old and a bit odd and I don't see him taking it well

campingcarist

Eldarion wrote: »

Legally you can't be chased for anything since you haven't signed a lease, but on the flip side it makes trying to recover your deposit that much more difficult also.

My understanding with renting a private residential property (or a room therein) is that a lease is determined by payment of a deposit and rent, not the fact that there is or not a written lease. As has been mentioned in posts on Boards, a rental agreement may be verbal (agreeing verbally with the landlord) or implied (by said payments to the landlord).

Eldarion

campingcarist wrote: »

My understanding with renting a private residential property (or a room therein) is that a lease is determined by payment of a deposit and rent, not the fact that there is or not a written lease. As has been mentioned in posts on Boards, a rental agreement may be verbal (agreeing verbally with the landlord) or implied (by said payments to the landlord).

When dealing with something legally binding, anecdotes as a source isn't really what you want to hear.

If you could provide a PRTB case where they've recognised a verbal agreement as a legally binding lease then I'd be all ears.

campingcarist

Eldarion wrote: »

When dealing with something legally binding, anecdotes as a source isn't really what you want to hear.

If you could provide a PRTB case where they've recognised a verbal agreement as a legally binding lease then I'd be all ears.

RTA 2004 5.1
‘‘tenancy’’ includes a periodic tenancy and a tenancy for a fixed term,
whether oral or in writing or implied, and, where the context so
admits, includes a sub-tenancy and a tenancy or sub-tenancy that has
been terminated;

Offer + Acceptance = Agreement; Agreement + Consideration = Legally Enforceable Contract.
http://www.boards.ie/vbulletin/showthread.php?t=2055756791

Sorry, but I don't have the source for the following, but I found it some time ago:
Topic Expert - Legal Matters
Ignore 'signed'/'unsigned' point; even an oral Letting Agreement can be valid.
The question is whether L and T have entered into a binding contract. Are there the three basic requirements present? They comprise:
1. Offer.
2. Acceptance.
3. Intention to create legal relationship- usually evidenced by contractual consideration passing.

Eldarion

campingcarist wrote: »

RTA 2004 5.1
‘‘tenancy’’ includes a periodic tenancy and a tenancy for a fixed term,
whether oral or in writing or implied, and, where the context so
admits, includes a sub-tenancy and a tenancy or sub-tenancy that has
been terminated;

Offer + Acceptance = Agreement; Agreement + Consideration = Legally Enforceable Contract.
http://www.boards.ie/vbulletin/showthread.php?t=2055756791

Sorry, but I don't have the source for the following, but I found it some time ago:
Topic Expert - Legal Matters
Ignore 'signed'/'unsigned' point; even an oral Letting Agreement can be valid.
The question is whether L and T have entered into a binding contract. Are there the three basic requirements present? They comprise:
1. Offer.
2. Acceptance.
3. Intention to create legal relationship- usually evidenced by contractual consideration passing.

You stated lease, not tenancy in your original position. If you're saying a tenancy can be an oral agreement, then I'm all on board. Fixed lease is another matter entirely.

dartstothesea

Nobody here is on the right track at all yet. Edit: except for Eldarion! haha. (though FWIW verbal agreements have been taken as constituting lease agreements though in some cases, which I won't be providing).

You may well have a lease under the whole 'verbal agreement' interpretation.

That doesn't matter.

What matters is that you didn't sign up (verbal or otherwise) for any particular fixed term. There is no 1 year minimum stay, etc.

Being there less than 6 months and under no fixed term lease, you can give 28 days written notice at any time and without needing any reason. and you are absolutely entitled to all of your deposit back, provided obviously you haven't damaged stuff in there or don't owe money for other stuff.

If you've been there longer than 6 months you just need to give a notice period of something other than 28 days - the amount depends on how long you've been there.

I can promise you anyone who tells you anything other than what I just have is just wrong.

dartstothesea

campingcarist, you're kind of spreading some mixed-up stuff here. Like Eldarion said; 'tenancy' and lease or letting agreement are two distinct and different things - even before getting into whether the lease is written or involves a fixed term or not.

campingcarist

Thanks, Eldarion and dartstothesea, for the clarification. As this is somewhat off topic, I shall not interrupt again.