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3 weeks rent

  • 07-03-2016 9:10pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    Hi Lads,

    I have been renting a room for several years now and I am leaving soon. The thing is that I am only staying for more 3 weeks and the landlord wants me to pay for the whole month.
    I don't have a contract so we have to reach an agreement. Also, I fear that if I refuse to pay, he won't give my deposit back.

    Do ye know if I am legally obligated to pay or something? Must he accept only the three weeks rent?

    Thanks for your advice!


Comments

  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    ledazul wrote: »
    Hi Lads,

    I have been renting a room for several years now and I am leaving soon. The thing is that I am only staying for more 3 weeks and the landlord wants me to pay for the whole month.
    I don't have a contract so we have to reach an agreement. Also, I fear that if I refuse to pay, he won't give my deposit back.

    Do ye know if I am legally obligated to pay or something? Must he accept only the three weeks rent?

    Thanks for your advice!

    What way do you pay rent as in monthly/weekly?


  • Closed Accounts Posts: 1,794 ✭✭✭Squall Leonhart


    I'd be inclined to cut your losses and pay the extra week.

    A months notice, i.e, a months rent, is typical and only right. Do the right thing and pay your month.


  • Registered Users, Registered Users 2 Posts: 8 ledazul


    I pay monthly, but I gave him a month and a half notice.
    Edit: Just to be clear, I told him the date when I was leaving 6 weeks before the date I am leaving.


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    ledazul wrote: »
    I pay monthly, but I gave him a month and a half notice.
    Edit: Just to be clear, I told him the date when I was leaving 6 weeks before the date I am leaving.

    Is your landlord an owner occupier or is it a normal tenancy


  • Registered Users, Registered Users 2 Posts: 8 ledazul


    Is not owner occupied. Is a house with a few rooms and he rents the rooms independently, but he does not live in the house.


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  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    ledazul wrote: »
    Is not owner occupied. Is a house with a few rooms and he rents the rooms independently, but he does not live in the house.

    OK depending on the length of time you have been in the property the is a notice period.


  • Registered Users, Registered Users 2 Posts: 8 ledazul


    It's been 5 years and a month.


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    ledazul wrote: »
    It's been 5 years and a month.

    Your landlord is willing to take six weeks notice I'd go with it. If the landlord were to push it you would have to give a lot longer notice.


  • Registered Users, Registered Users 2 Posts: 8 ledazul


    I see, I thought one month was enough. I'll pay the entire month then.

    Thanks again for your advice JillyQ!!


  • Registered Users, Registered Users 2 Posts: 2,316 ✭✭✭darlett


    It might seem harsh to you that you're paying an extra week but from what you've described he's within his rights to be much worse to you.

    Tenancy: Over 5 years but under 6 years, Notice period 84 days.


    Source: http://www.threshold.ie/advice/ending-a-tenancy/ending-your-tenancy/

    Ah, apologies, I'm late for this and kinda just labouring the point. ;) Best of luck with your move.


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  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    ledazul wrote: »
    I see, I thought one month was enough. I'll pay the entire month then.

    Thanks again for your advice JillyQ!!

    No problem best of luck with the move.


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    This sounds like it may be a license arrangement and therefore not subject to the notice periods of a part 4 tenancy.


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    Graham wrote: »
    This sounds like it may be a license arrangement and therefore not subject to the notice periods of a part 4 tenancy.

    Landlord isnt an owner occupier


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    JillyQ wrote: »
    Landlord isnt an owner occupier

    That doesn't mean the OP isn't there under a license arrangement.


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    Graham wrote: »
    That doesn't mean the OP isn't there under a license arrangement.

    The agreement appears to be with his landlord


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    JillyQ wrote: »
    The agreement appears to be with his landlord

    I can't see which post that was stated in.

    OP, you should be able to check with the PRTB to see if your tenancy is registered: http://www.prtb.ie/dispute-resolution/check-if-a-tenancy-is-registered

    If it's not registered, your existing landlord can either agree that you are a licensee and not subject to Part 4 notice requirements or he can insist you are a tenant in which case you can involve the PRTB.


    JillyQ it is not necessary for a landlord to live in the house for there to be a license agreement.
    What is a Licensee?
    A licensee is a person who occupies accommodation under license. Licensees can arise in all sorts of accommodation but most commonly in the following four areas;
    1. persons staying in hotels, guesthouses, hostels, etc.,
    2. persons sharing a house/apartment with its owner e.g. under the ‘rent a room’ scheme or ‘in digs’,
    3. persons occupying accommodation in which the owner is not resident under a formal license arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants, and
    4. persons staying in rented accommodation at the invitation of the tenant.


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    ledazul wrote: »
    Is not owner occupied. Is a house with a few rooms and he rents the rooms independently, but he does not live in the house.

    This is where the op refers to the landlord


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    JillyQ wrote: »
    This is where the op refers to the landlord

    I've no idea how you're able to infer the legal status i.e. tenancy/license from the use of the word landlord but as it's not helping the OP I won't try and guess.

    FYI it's common practice to refer to the property owner as 'landlord' regardless of the legal status.


  • Registered Users, Registered Users 2 Posts: 8 ledazul


    Hi again,

    The person who I call 'landlord' is actually a relative of the owner of the house. I have never met the owner. Also, I didn't check the PRTB, but I am almost completely sure that is not registered. What would imply to be under a license agreement??
    I am not sure if that helps with the discussion, but in any case I paid him already...

    Best regards


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