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Landlord terminated lease

  • 13-08-2017 2:25pm
    #1
    Registered Users, Registered Users 2 Posts: 116 ✭✭


    Hi

    My landlord recently gave me 8 weeks notice to vacate the property due to renovations. Do i now have any obligation to give the landlord notice if I wish to leave before that 8 weeks expires?


Comments

  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Bayb12 wrote: »
    Hi

    My landlord recently gave me 8 weeks notice to vacate the property due to renovations. Do i now have any obligation to give the landlord notice if I wish to leave before that 8 weeks expires?

    Assuming you have been correct notice etc you owe rent for the 8 weeks.

    I'd speak to him and try and do a deal


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    The same question was asked before and someone mentioned the RTB said to them that they could leave at any point during the notice period. I'm not sure what the legal basis is for that advice as the RTA only allows shorter notice periods by mutual agreement. Have a word with the landlord, since he's renovating he'll probably be glad to have the property back sooner.


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    You can't just up and leave tomorrow. Your meant to provide the required notice depending on how long you have stayed there. If you stayed there for a long time it might be more than a months notice however most ll will more than likely accept a month. In your case when he wants you out to increase rent and renovate. He might be more than happy to have you gone quicker


  • Moderators, Science, Health & Environment Moderators Posts: 6,376 Mod ✭✭✭✭Macha


    Jesus, in Belgium they have to give 6 months notice. 8 weeks is nuts.

    But yes, you're also obliged to give notice to your landlord if you want to vacate, you just don't have to give a reason.


  • Registered Users, Registered Users 2 Posts: 11,989 ✭✭✭✭Giblet


    Bayb12 wrote: »
    Hi

    My landlord recently gave me 8 weeks notice to vacate the property due to renovations. Do i now have any obligation to give the landlord notice if I wish to leave before that 8 weeks expires?

    Is you lease still active? i.e: Are you within the fixed period stated on the lease?


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  • Registered Users, Registered Users 2 Posts: 116 ✭✭Bayb12


    I never signed anything just paid every month and gave my pps so i dont actually know what the lease date is


  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    Bayb12 wrote: »
    I never signed anything just paid every month and gave my pps so i dont actually know what the lease date is
    Was the landlord living in the same property with you? If not, how long have you been living at the property? Has he offered you the possibility to go back to the property after the renovation? Without answering these questions it is difficult to provide any suggestion.
    Renovations that cause the property to be uninhabitable are cause for termination of lease with appropriate notice and notice period.


  • Registered Users, Registered Users 2 Posts: 116 ✭✭Bayb12


    Not owner occupied, there one year. I am not disputing the tenancy in any way I just want to know am I liable to pay out the notice because I have already sorted alternative accommodation


  • Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    In theory you have to give a 35 days notice period, but my suggestion is to call the landlord and agree to a shorter notice in writing (even an email or electronic message will do). Try to negotiate 14 days or even less. It really depends if he has his/her contractors ready to start the work.


  • Registered Users, Registered Users 2 Posts: 10,905 ✭✭✭✭Bob24


    Bayb12 wrote: »
    Not owner occupied, there one year. I am not disputing the tenancy in any way I just want to know am I liable to pay out the notice because I have already sorted alternative accommodation

    I bet if you talk to the landlord they'll be happy to let you leave earlier.

    They're most likely kicking you out to work around RPZ regulations and rent out the property at a higher price. So to them the earlier you leave the better.


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  • Registered Users, Registered Users 2 Posts: 116 ✭✭Bayb12


    For anyone who's interested, Threshold gave me this response

    If you have been given notice it specifies the date on or before which you must vacate. If you leave before this you do not have to reciprocate with the relevant statutory notice but should endeavour to give your landlord as much notice as possible.


  • Registered Users, Registered Users 2 Posts: 135 ✭✭Fkall


    if the termination notice specifies you can leave on or before a certain date than the threshold advice is perfectly valid.

    However if the notice does not explicitly give leave to vacate the property early than you are on the hock for the notice period you can serve to the landlord - if this is earlier.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Bayb12 wrote: »
    For anyone who's interested, Threshold gave me this response

    If you have been given notice it specifies the date on or before which you must vacate. If you leave before this you do not have to reciprocate with the relevant statutory notice but should endeavour to give your landlord as much notice as possible.

    Correct- you can leave earlier- however, there is no basis in legislation- to leave early and not pay rent.

    Talk to the landlord- can't see why he/she wouldn't agree.


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