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Terminating License Agreement

  • 26-02-2020 8:25pm
    #1
    Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭


    I am looking to move out of my current house share into a new place (Dublin) and have a few questions:
    My rent is paid in the 1st of the Month and I am required to give one months notice of leaving. Therefore will be paying rent Monday next week.
    Should I be the successful applicant I will have a new place ready to move in within the next week and that’s where my questions start.

    Is it reasonable for me to say to my landlord that if he finds a new tenant I can vacate the room immediately provided he returns my deposit in full and the remainder of the months rent?
    Also if I move in to the new place straight away, can my landlord claim I am breaching the notice period even though the rent is paid?


Comments

  • Posts: 0 [Deleted User]


    Gael23 wrote: »
    I am looking to move out of my current house share into a new place (Dublin) and have a few questions:
    My rent is paid in the 1st of the Month and I am required to give one months notice of leaving. Therefore will be paying rent Monday next week.
    Should I be the successful applicant I will have a new place ready to move in within the next week and that’s where my questions start.

    Is it reasonable for me to say to my landlord that if he finds a new tenant I can vacate the room immediately provided he returns my deposit in full and the remainder of the months rent?
    Also if I move in to the new place straight away, can my landlord claim I am breaching the notice period even though the rent is paid?

    Do you live with your landlord?


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Dav010 wrote: »
    Do you live with your landlord?

    No the rooms are rented individually.


  • Posts: 0 [Deleted User]


    Gael23 wrote: »
    No the rooms are rented individually.

    Unless you live with the LL or close family member, or are subletting from the lead tenant, you are a tenant rather than a licensee. Who you pay rent too is often the indicator, do you pay rent directly to the LL?

    As a tenant, you should read this:

    https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Dav010 wrote: »
    Unless you live with the LL or close family member, or are subletting from the lead tenant, you are a tenant rather than a licensee. Who you pay rent too is often the indicator, do you pay rent directly to the LL?

    As a tenant, you should read this:

    https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/

    Yes rent is paid to the LL. it’s 28 days notice and not one calendar month if I understand that correctly? And looks like it can be shorter subject to mutual agreement.


  • Posts: 0 [Deleted User]


    Gael23 wrote: »
    Yes rent is paid to the LL. it’s 28 days notice and not one calendar month if I understand that correctly? And looks like it can be shorter subject to mutual agreement.

    How long are you there?


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  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Dav010 wrote: »
    How long are you there?

    Since the beginning of September 2019.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    I want to try and avoid paying 2 rents if I can in any way


  • Registered Users, Registered Users 2 Posts: 2,719 ✭✭✭cronos


    If you help the landlord find a suitable replacement they will tend to charge up till the new person moves in. Otherwise you have to give 1 months notice as you would have agreed in the beginning.

    Landlords are generally not looking to double charge, they just want to be covered up till the get a new person. You could try looking to see if you can find a replacement among your friends without advertising it publicly.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    cronos wrote: »
    If you help the landlord find a suitable replacement they will tend to charge up till the new person moves in. Otherwise you have to give 1 months notice as you would have agreed in the beginning.

    Landlords are generally not looking to double charge, they just want to be covered up till the get a new person. You could try looking to see if you can find a replacement among your friends without advertising it publicly.

    Yes I can do that. We have an place in work where accommodation/items for sale are advertised so I will post it there.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    If I move out as soon as I get a new place is the landlord likely to care once the rent is paid?


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  • Registered Users, Registered Users 2 Posts: 3,795 ✭✭✭C3PO


    Gael23 wrote: »
    If I move out as soon as I get a new place is the landlord likely to care once the rent is paid?

    He would if, for example, you moved out on the 29th of the month! He would then only have two days to find a new tenant before he starts to lose money! That’s why the lease terms include a 4 week notice period! How would you like to be told on the 29th of the month that you needed to be gone in 2 days?


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    Gael23 wrote: »
    If I move out as soon as I get a new place is the landlord likely to care once the rent is paid?

    Let's say you pay rent for all of March (covered up to the 31st). The landlord arranges for someone to move in on April 1st.

    You do not have to stay in the house until the 31st, you can move at any time before then, as long as you're out by the 31st of March.

    In some situations, if you let the landlord know that you will (for example) be moving out on the 7th of March, and he finds someone able to move in on the 8th, he might refund you the other 3 weeks rent, but he doesn't have to.

    Tricky bit is around utility bills - you'll need to come to an arrangement with the landlord/housemates as to what bills you'll owe.


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Thoie wrote: »
    Let's say you pay rent for all of March (covered up to the 31st). The landlord arranges for someone to move in on April 1st.

    You do not have to stay in the house until the 31st, you can move at any time before then, as long as you're out by the 31st of March.

    In some situations, if you let the landlord know that you will (for example) be moving out on the 7th of March, and he finds someone able to move in on the 8th, he might refund you the other 3 weeks rent, but he doesn't have to.

    Tricky bit is around utility bills - you'll need to come to an arrangement with the landlord/housemates as to what bills you'll owe.

    We pay the LL a fixed monthly amount towards bills so I’ll just calculate out the number of days.
    I was sort of hoping to have a place this week then move out at the weekend and just lose my deposit. I don’t entirely trust the LL that he won’t find a reason to deduct a substantial amount form my deposit


  • Registered Users, Registered Users 2 Posts: 12,127 ✭✭✭✭Gael23


    Right do got a new place sorted today.
    So if I give him my notice tomorrow that means my notice ends March 30th as the day you give notice seems not to count?


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