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Giving notice

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  • 18-05-2020 11:42am
    #1
    Registered Users Posts: 2,472 ✭✭✭


    Hi all

    Following my last thread I have Found my a new apartment to move into this week

    I’ve to give notice today with the property management company which is 42 days

    Is it advantageous to have an earlier move out date Rather than see out the 42 days or does it really matter

    Thanks


Comments

  • Registered Users Posts: 2,472 ✭✭✭skinny90


    for the record we know the relevant notice periods and that we fall into a 42 days notice. so we are not trying to do a runner.

    We have factored in moving costs but obviously we are looking to keep them to a minimum.

    My thinking here is if we hand back the keys asap it would make more sense for the company to begin looking for a tenant, dont have to pay next months rent and get some of our deposit back.


  • Registered Users Posts: 6,230 ✭✭✭Claw Hammer


    Hand the keys back asap. Threaten the RTB if they keep your deposit.


  • Registered Users Posts: 2,472 ✭✭✭skinny90


    Hand the keys back asap. Threaten the RTB if they keep your deposit.

    What about the rent due June 1st?


  • Registered Users Posts: 6,230 ✭✭✭Claw Hammer


    If yo have give back the keys before that you won't be paying it.


  • Registered Users Posts: 2,472 ✭✭✭skinny90


    If yo have give back the keys before that you won't be paying it.

    cool, thanks for the response il see how we get on


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  • Registered Users Posts: 5,875 ✭✭✭Edgware


    Hand the keys back asap. Threaten the RTB if they keep your deposit.
    And your legal basis for that action is?


  • Registered Users Posts: 10,107 ✭✭✭✭Caranica


    Talk to the company and see if they're agreeable to a shorter notice period. If so, happy days. If not, 42 days it is. Handing back the keys early does not absolve you of obligations under the RTA unless previously agreed.


  • Registered Users Posts: 271 ✭✭tomister


    You'll need to pay rent up until the end of your notice period or they'll take it out of the deposit unless you both agree to a shorter period.
    Handing the keys back and threatening the RTB isn't going to get you anywhere


  • Registered Users Posts: 6,230 ✭✭✭Claw Hammer


    Edgware wrote: »
    And your legal basis for that action is?

    The RTB side with tenants re deposits. They expect the landlord to mitigate his loss and expect that the landlord lets the place again from the days the keys are handed back.


  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    At the end of the day, it is a landlords market these days. unless you are paying above market rate then most landlords would bite your hand off for vacating immediately and forget about the notice period if you were also agreeable to do that. That way they can let the place out again ASAP at a 4% higher rent.

    I'd say just talk to the landlord or agent. Ask them would they be OK with less or much less than the 42 days. They might also be happy for you to vacate immediately, who knows until you talk to them.


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  • Registered Users Posts: 9,504 ✭✭✭runawaybishop


    The RTB side with tenants re deposits. They expect the landlord to mitigate his loss and expect that the landlord lets the place again from the days the keys are handed back.

    Nonsense, mitigating means letting as soon as is practical, not the same day


  • Registered Users Posts: 5,875 ✭✭✭Edgware


    The RTB side with tenants re deposits. They expect the landlord to mitigate his loss and expect that the landlord lets the place again from the days the keys are handed back.
    Not guaranteed that PRTB will do that


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Claw Hammer, quit the trolling.

    Do not reply to this post.


  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Caranica wrote: »
    Talk to the company and see if they're agreeable to a shorter notice period. If so, happy days. If not, 42 days it is. Handing back the keys early does not absolve you of obligations under the RTA unless previously agreed.

    <SNIP>


  • Registered Users Posts: 2,472 ✭✭✭skinny90


    Rang the property mgmt company there, Who said it will be the 42 days, however after I made a case that we would help with the move out process and get it read, hand over keys ASAP they said they’d check with the landowner and get back to me


  • Registered Users Posts: 5,875 ✭✭✭Edgware


    skinny90 wrote: »
    Rang the property mgmt company there, Who said it will be the 42 days, however after I made a case that we would help with the move out process and get it read, hand over keys ASAP they said they’d check with the landowner and get back to me
    Thats the way to do it. If there is a bit of flexibility and agreement on both sides,great. If not the regulations must be complied with by both sides


  • Registered Users Posts: 23,513 ✭✭✭✭ted1


    Call the agent. Talk to them they may be grand only they will know


  • Registered Users Posts: 1,697 ✭✭✭dennyk


    Unless the landlord agrees on a shorter notice, you do have to keep paying rent through your entire notice period. Before the whole pandemic situation, most smart landlords would be willing to work with departing tenants on a shorter notice period, but now, there's really no telling; it might be hard to get a new tenant in at the moment, so they might decide it's easier to hold you to your obligations instead. If you fail to pay the rent you owe for the duration of your notice period, your landlord can deduct from or withhold the deposit to cover the rent arrears. Hopefully the landlord in your case is willing to be reasonable about accepting a shorter notice period.


  • Registered Users Posts: 2,472 ✭✭✭skinny90


    dennyk wrote: »
    Unless the landlord agrees on a shorter notice, you do have to keep paying rent through your entire notice period. Before the whole pandemic situation, most smart landlords would be willing to work with departing tenants on a shorter notice period, but now, there's really no telling; it might be hard to get a new tenant in at the moment, so they might decide it's easier to hold you to your obligations instead. If you fail to pay the rent you owe for the duration of your notice period, your landlord can deduct from or withhold the deposit to cover the rent arrears. Hopefully the landlord in your case is willing to be reasonable about accepting a shorter notice period.

    Ah yeah, look we know the story, even offered to help get people in to view etc but we’ll just wait it out. At the end of the day there is never a right time to move we’re just trying to do our bit to reduce it


  • Registered Users Posts: 6,230 ✭✭✭Claw Hammer


    skinny90 wrote: »
    Ah yeah, look we know the story, even offered to help get people in to view etc but we’ll just wait it out. At the end of the day there is never a right time to move we’re just trying to do our bit to reduce it

    The date of returning the keys is the significant one from the RTB point of view.


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  • Registered Users Posts: 14,494 ✭✭✭✭Dav010


    The date of returning the keys is the significant one from the RTB point of view.

    Statutory requirements like notice periods and payment of rent during it are more significant I would suspect. When the tenant actually vacates is important in that the LL is supposed to mitigate losses by letting as soon as possible, but considering what is happening at the moment, getting a new tenant may not be as quick and easy as it was.


  • Registered Users Posts: 6,230 ✭✭✭Claw Hammer


    Dav010 wrote: »
    Statutory requirements like notice periods and payment of rent during it are more significant I would suspect.

    You might suspect that but that is not what happens i reality. The tenancy ends when the keys are handsd back as that constitutes a surrender of the lease. Taking the duty of mitigation into account the dwelling becomes available for re-letting from that point. The time lost between lettings would have happened anyway so the tenant won't be made pay. Bottom line for a teant is to give keys back asap. lease is surrendered, no continuing obligation to pay rent and deposit can only be retained where rent is owed or there is damage. if the landlord is slow paying back the deposit there is the chance of a fine on top of being ordered to return the deposit.


  • Registered Users Posts: 14,494 ✭✭✭✭Dav010


    You might suspect that but that is not what happens i reality. The tenancy ends when the keys are handsd back as that constitutes a surrender of the lease. Taking the duty of mitigation into account the dwelling becomes available for re-letting from that point. The time lost between lettings would have happened anyway so the tenant won't be made pay. Bottom line for a teant is to give keys back asap. lease is surrendered, no continuing obligation to pay rent and deposit can only be retained where rent is owed or there is damage. if the landlord is slow paying back the deposit there is the chance of a fine on top of being ordered to return the deposit.

    So you are saying there is no statutory requirement to give notice or to pay rent during it?
    Isn’t withholding of deposit to cover unpaid rent a recognised right of the LL?

    https://onestopshop.rtb.ie/images/uploads/general/Guide_to_Security_Deposits_for_Residential_Tenancies.pdf


  • Registered Users Posts: 291 ✭✭guyfawkes5


    dennyk wrote: »
    Unless the landlord agrees on a shorter notice, you do have to keep paying rent through your entire notice period. Before the whole pandemic situation, most smart landlords would be willing to work with departing tenants on a shorter notice period, but now, there's really no telling; it might be hard to get a new tenant in at the moment, so they might decide it's easier to hold you to your obligations instead. If you fail to pay the rent you owe for the duration of your notice period, your landlord can deduct from or withhold the deposit to cover the rent arrears. Hopefully the landlord in your case is willing to be reasonable about accepting a shorter notice period.
    This is good advice. Ultimately it will come down to if it suits the landlord to reduce your notice period. As an example, my roommate is a similar situation and was told he can leave earlier than his notice period if a tenant agrees to take the room, which is fair enough.

    Essentially doing a runner is a big risk to take, as it endangers your deposit, opens up a chance this may follow you legally (albeit a small one as the landlord will probably decide it isn't worth it), and removes all trust between you guys at a vulnerable time (i.e. the landlord may fear for his property and owed rent/deposit, and you may fear for your stuff still in the property or being turfed out early). I just don't think it's worth it.


  • Registered Users Posts: 1,447 ✭✭✭davindub


    guyfawkes5 wrote: »
    This is good advice. Ultimately it will come down to if it suits the landlord to reduce your notice period. As an example, my roommate is a similar situation and was told he can leave earlier than his notice period if a tenant agrees to take the room, which is fair enough.

    Essentially doing a runner is a big risk to take, as it endangers your deposit, opens up a chance this may follow you legally (albeit a small one as the landlord will probably decide it isn't worth it), and removes all trust between you guys at a vulnerable time (i.e. the landlord may fear for his property and owed rent/deposit, and you may fear for your stuff still in the property or being turfed out early). I just don't think it's worth it.

    The naunce is now the RTB view the situation.

    1. Rent is awarded to the date the lease ends (date landlord recovers possession etc)

    2. Insufficent notice/ other damages is awarded as actual monetary loss suffered by the landlord.


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