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Notice Period as rented house sold

  • 21-03-2016 9:16pm
    #1
    Registered Users, Registered Users 2 Posts: 26


    Hi, I am hoping someone might have advice or answers on this.

    Myself and my boyfriend had a fixed term lease for a house which expired on the 2nd of January. We have been on a monthly lease since then. In December our landlord notified us he would be selling the house and would give us 3 months notice from when the property sold.

    I got notice today that the property is sold and we should be out by the 1st of May. My question is can we leave during the notice period and not have to pay rent for the full notice period (ie from when we move to the end of the notice period) and still get our deposit back.

    I would like to move asap if possible as my boyfriend has exams in May and most houses for rent are available for rent immediately, however I don't want to lose the money from my deposit either or have to pay the rent for the full notice period.

    Thanks for any help 😀😀


Comments

  • Registered Users, Registered Users 2 Posts: 2,131 ✭✭✭RentDayBlues


    You can leave before if you give full notice, how long have you been living there?


  • Registered Users, Registered Users 2 Posts: 2,887 ✭✭✭accensi0n


    Sounds like the landlord is reasonable enough? Might be worth just having an honest conversation with him to ask whether you can leave earlier than legal notice period and agree on payment amount.


  • Registered Users, Registered Users 2 Posts: 26 GAC999


    You can leave before if you give full notice, how long have you been living there?

    We have been living there 15 months, what do you mean by full notice?


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    OP, the legals all well and good. But in real life, you just negotiate with the LL and come to a mutually acceptable solution.


  • Closed Accounts Posts: 423 ✭✭Clampdown


    You are not obligated to stay and pay for the notice period. Normally after a fixed term lease ends and is not renewed you would go into Part 4 and you would have to give a certain amount of notice.

    But you say you have a 'monthly lease', which is in itself a fixed term lease meaning you can end the tenancy at the end of it, and either the monthly lease or your original lease should state what notice you should give (probably 30 days) if you want to vacate at the end of the fixed term agreement. I should think the absolute most notice you would have to give for a monthly lease would be a month!


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  • Registered Users, Registered Users 2 Posts: 26 GAC999


    OP, the legals all well and good. But in real life, you just negotiate with the LL and come to a mutually acceptable solution.

    Thanks, yes we will talk to the LL and see if we can come to some kind of agreement but I doubt it TBH.


  • Registered Users, Registered Users 2 Posts: 26 GAC999


    Clampdown wrote: »
    You are not obligated to stay and pay for the notice period. Normally after a fixed term lease ends and is not renewed you would go into Part 4 and you would have to give a certain amount of notice.

    But you say you have a 'monthly lease', which is in itself a fixed term lease meaning you can end the tenancy at the end of it, and either the monthly lease or your original lease should state what notice you should give (probably 30 days) if you want to vacate at the end of the fixed term agreement. I should think the absolute most notice you would have to give for a monthly lease would be a month!

    I don't know if I explained it well, we had a fixed term lease, this expired on the 2nd January. Prior to this in December, the landlord informed us he would be putting the house up for sale. We could stay until the house sold. We have just been paying rent per month as usual since. So since he has given us notice of 5/6 weeks do we have to stay and pay for all of notice period?


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    You're not on a monthly lease you're on a Part IV. You need to give 6 weeks notice with 15 months tenure. However the notice given by the LL maybe invalid so you may have scope to force a negotiation. Try and be reasonable and the LL will usually be so too.


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