Ending tenancy - valid reason to give shorter notice?

cb123

Myself and the OS have been renting for just over three years, this year we didn't sign a new lease, and just went with Part 4 as we are hoping to move soon.

Thankfully we didn't sign as the property next door has been sold and is been renovated, or should I say 'gutted'. They've ripped all the windows out and the roof has been off for more than 4 weeks. The noise is awful (tools, builders shouting and cats at night) but whats worse is how cold our house is (Terrace house - both sides empty) since they started the work, I cannot not heat it.

My question - According to Part 4, I need to give 56 days notice. The last lease I signed stated 30 days (I know I'm not in a lease) I'm going to chance the 30 days but if the landlord comes back with 56 days, I'm wondering if next door is a valid reason to end a tenancy early.

I know next door is not the landlords fault, but honestly living here is getting pretty hard. It's cold, noisy and to top it off the builders can see straight into nearly every room (Scaffolding out the front and back- we practically share a backgarden. They've used our house to anchor the scaffolding, and didn't ask but that's another story)

TL;DR: Is building next door a valid reason to end a tenancy early?

MarkAnthony

Not really IMHO, speak to the landlord see what can be arranged.

I take it you're not in Dublin, I'd be making darn sure I had somewhere before anything else, the climate for renters is not fun at the mo.

cb123

Yeh, no harm in trying!

MarkAnthony wrote: »

I take it you're not in Dublin, I'd be making darn sure I had somewhere before anything else, the climate for renters is not fun at the mo.

Thankfully not. We're in Waterford so we are kind of spoiled for choice in comparison to Dublin.

cpoh1

Chances are the agency wont even realise the proper notice period and will be fine with 30 days.

When we left our rented accomodation a few years back (5 years in the place) we let the landlord know were sale agreed on a house and that would give him formal notice when we were close to contracts. He ended up with the month in the end and was fine with things.

Carawaystick

If the landlord or agent gets uppitty, you could complain about your home not meeting the building regulations for insulation, and meeting the BER level you agreed the lease on.

foggy_lad

cpoh1 wrote: »

Chances are the agency wont even realise the proper notice period and will be fine with 30 days.

When we left our rented accomodation a few years back (5 years in the place) we let the landlord know were sale agreed on a house and that would give him formal notice when we were close to contracts. He ended up with the month in the end and was fine with things.

They might not mention it at the time the tenant leaves or gives the 30 days notice but you can be sure they will use it as reason to keep part or all of the deposit!

cb123

Carawaystick wrote: »

If the landlord or agent gets uppitty, you could complain about your home not meeting the building regulations for insulation, and meeting the BER level you agreed the lease on.

You genius!

I've just realised we were never given/told about a BER Certificate which is the landlords/estate agents responsibility to do so and there is nothing in the past lease. After a bit of research I've read that this is illegal/frown upon (renting since 2012). I've also just realised that the tenancy has never been registered with the PRTB so they've left themselves very open!

I'm not looking to attack by the way, I just don't want to stay here any longer than I have too but I do feel sorry for the Landlord if we do leave, I doubt he'll be able to rent this place while the work is happening, pity too it's a nice house!

cb123

foggy_lad wrote: »

They might not mention it at the time the tenant leaves or gives the 30 days notice but you can be sure they will use it as reason to keep part or all of the deposit!

That's something I really am trying to avoid!