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Notice Period for a rental ? How is this legal.

  • 02-05-2019 10:12am
    #1
    Registered Users, Registered Users 2 Posts: 5,200 ✭✭✭


    Hi all,
    Currently looking at my second Rent increase in the space of two years (4% max by law) and have started looking elsewhere. One thing I cannot understand is given the fact that there are so few properties out there how can I find a new place when the minimum notice I can give is 56 days !!! (based on the fact that we have been there 2 years)
    Surely this isn't legal ? At the rate properties are snapped up how can a tenant get out of a property without losing their deposit ?


Comments

  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    The notice periods are set in law so are inherently legal.


  • Registered Users, Registered Users 2 Posts: 4,372 ✭✭✭Homer


    Hi all,
    Currently looking at my second Rent increase in the space of two years (4% max by law) and have started looking elsewhere. One thing I cannot understand is given the fact that there are so few properties out there how can I find a new place when the minimum notice I can give is 56 days !!! (based on the fact that we have been there 2 years)
    Surely this isn't legal ? At the rate properties are snapped up how can a tenant get out of a property without losing their deposit ?

    It works both ways.. The LL has to give you SIGNIFICANTLY longer to get their property back so be thankful for small mercies!


  • Registered Users, Registered Users 2 Posts: 5,200 ✭✭✭muppetkiller


    But I cannot see a way for me to move out without losing my deposit ?
    What rental will hold a property for you for 56 days in today's market ?


  • Registered Users, Registered Users 2 Posts: 270 ✭✭shivermetimber


    But I cannot see a way for me to move out without losing my deposit ?
    What rental will hold a property for you for 56 days in today's market ?

    If you cannot come to an arrangement with your landlord to be able to move out sooner then simply stop looking at moving until closer to the time. If the notice period was shorter then it is exactly the same :confused:


  • Registered Users, Registered Users 2 Posts: 5,200 ✭✭✭muppetkiller


    Homer wrote: »
    It works both ways.. The LL has to give you SIGNIFICANTLY longer to get their property back so be thankful for small mercies!

    Accordign to rtb it also 56 days for the landlord. https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/


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  • Administrators Posts: 54,424 Admin ✭✭✭✭✭awec


    But I cannot see a way for me to move out without losing my deposit ?
    What rental will hold a property for you for 56 days in today's market ?

    Generally you give your notice to your landlord, and then look for a property at the same time, and try to align the dates as much as possible.

    You don't find a new place and then give your notice when you find one (well, you can, but you'll be paying two rents for a while).


  • Registered Users, Registered Users 2 Posts: 901 ✭✭✭paulieeye


    you're options are:
    - find a place asap then talk to your landlord and see will he accept a shorter notice period
    - wait to find a place until a bit later (say 30 days to go) and try to align the leave date and start of the next lease as close as possible
    - find a place asap and pay double rents for a period
    - find a place asap, leave before ur notice is up and risk ur deposit


  • Registered Users, Registered Users 2 Posts: 1,784 ✭✭✭dennyk


    You can mutually agree on a shorter notice period with your landlord, but if they don't want to agree to a shorter period, then yes, you will be responsible for paying the rent to your old landlord for the duration of your legally required notice period or until the landlord actually re-lets the property, whichever is shorter.

    Is your landlord increasing the rent significantly beyond market rates? 4% is the maximum annual rent increase in an RPZ, but it's still subject to the same restrictions regarding market rents as well, including the requirement to provide three comparable properties to demonstrate that the new rent is not higher than current market rents. To be honest, most landlords in RPZs are going to be doing the maximum annual increases these days, so unless you're moving out of your current RPZ entirely, you likely aren't going to escape the annual rent hikes that way, and unless your rent is already significantly above market rates, your odds of finding a cheaper property are not good at all (unless you're willing to downsize or accept a much lower standard, and even that isn't any guarantee with the skyrocketing rental market these days...).


  • Registered Users, Registered Users 2 Posts: 5,200 ✭✭✭muppetkiller


    dennyk wrote: »
    You can mutually agree on a shorter notice period with your landlord, but if they don't want to agree to a shorter period, then yes, you will be responsible for paying the rent to your old landlord for the duration of your legally required notice period or until the landlord actually re-lets the property, whichever is shorter.

    Is your landlord increasing the rent significantly beyond market rates? 4% is the maximum annual rent increase in an RPZ, but it's still subject to the same restrictions regarding market rents as well, including the requirement to provide three comparable properties to demonstrate that the new rent is not higher than current market rents. To be honest, most landlords in RPZs are going to be doing the maximum annual increases these days, so unless you're moving out of your current RPZ entirely, you likely aren't going to escape the annual rent hikes that way, and unless your rent is already significantly above market rates, your odds of finding a cheaper property are not good at all (unless you're willing to downsize or accept a much lower standard, and even that isn't any guarantee with the skyrocketing rental market these days...).

    Thanks for your reply.I think to be honest at this rate I will have to consider leaving the country. I have 2 kids under two and a partner to support. If we put the kids in Creche that's her salary gone and some of mine. Or maybe I should just pack in working altogether I'd be better off financially with all the benefits. So depressing even thinking about it. Buying a house is a pipe dream at this stage.


  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011



    After 3 years the landlord notice period starts to increase faster than the tenant; before that they're identical.


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  • Registered Users, Registered Users 2 Posts: 837 ✭✭✭crossmolinalad


    Always paid double rent , plenty time to move my stuff to the new place and completely cleaning the old one


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