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Notice period / long time letting&no lease extension

  • 22-11-2015 12:51pm
    #1
    _gossip_girl_
    Closed Accounts Posts: 39 ✭


    Hi, I have a question regarding notice period with letting agency.
    I'm renting place since April 2012. Every year we've been receiving lease renewal that extends contract for additional 12 months. We received it every year with no fail except last April.
    So In theory we are out of contract with them. From persons we have to move out by end of January.
    My question is: what is our notice period, can they keep our deposit considering no lease renewal was signed for current year.


Comments

  • #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    _gossip_girl_ wrote: »
    Hi, I have a question regarding notice period with letting agency.
    I'm renting place since April 2012. Every year we've been receiving lease renewal that extends contract for additional 12 months. We received it every year with no fail except last April.
    So In theory we are out of contract with them. From persons we have to move out by end of January.
    My question is: what is our notice period, can they keep our deposit considering no lease renewal was signed for current year.

    You have a part iv tenancy. A quick Google search will find your notice period.


  • #3
    _gossip_girl_
    Closed Accounts Posts: 39 ✭_gossip_girl_


    As we are living in the place out of contract as we never received renewal for 2015/2016 - does it mean I have to give e.g 56 days notice (2years+)
    And do I loose deposit -lease was reneved every April) even though there was no renewal for current period?


  • #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    _gossip_girl_ wrote: »
    As we are living in the place out of contract as we never received renewal for 2015/2016 - does it mean I have to give e.g 56 days notice (2years+)
    And do I loose deposit -lease was reneved every April) even though there was no renewal for current period?

    Your deposit is a secondary issue. Return of that depends on condition of the property and your giving proper notice.

    Not having a lease but remaining as a tenant gives you rights and responsibilities of a part iv tenancy. This means you do need to give 56 days notice unless a shorter notice period is agreed with the landlord.


  • #5
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,291 ✭✭✭✭Mrs OBumble


    Even if you did have a so-called fixed term lease, the benefits of Part IV would apply to you. The Part IV notice periods would apply anyway.

    But you are allowed to mutually agree a shorter period, at the time when you give notice. Many LLs are willing to do this.


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