Termination Notice Period - 1 year lease

FionnK86

I signed 12 month lease from 20/8/20, to 1/9/21.

I'm having trouble understanding tenant notice period at https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination .

Am I correct that 1+ year, but less than two years is the applicable tenancy duration?

As an aside, I'm sure I'm leaving so is it good form to inform landlord before period is up? Aforementioned assumption would be my notice date is 9/7/21.

Claw Hammer

FionnK86 wrote: »

I signed 12 month lease from 20/8/20, to 1/9/21.

I'm having trouble understanding tenant notice period at https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination .

Am I correct that 1+ year, but less than two years is the applicable tenancy duration?

As an aside, I'm sure I'm leaving so is it good form to inform landlord before period is up? Aforementioned assumption would be my notice date is 9/7/21.

You haven't reached the end of the lease yet. When are you planning to move out?

FionnK86

Claw Hammer wrote: »

You haven't reached the end of the lease yet. When are you planning to move out?

I plan on moving out as soon as lease expires.

Roski707

You have to give 35 days as you are in the property less than a year. So you give your notice starting 27th August and it will expire on 1st september when your lease expires

Claw Hammer

FionnK86 wrote: »

I plan on moving out as soon as lease expires.

You don't have to give any notice at all. You would only have to give notice if you intended staying on.

Claw Hammer

Claw Hammer wrote: »

You don't have to give any notice at all. You would only have to give notice if you intended staying on.

Ignore the above op.

6-12 months tenancy duration is 35 days. If you have a 12 month lease, give notice 35 days before end date of term.

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

Claw Hammer

Dav010 wrote: »

Ignore the above op.

6-12 months tenancy duration is 35 days. If you have a 12 month lease, give notice 35 days before end date of term.

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

Ignore the above o/p

Residential Tenancies Act.
195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.

(2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.

(3) That notification shall not be made to the landlord—

( a) any later than 1 month before, nor

( b) any sooner than 3 months before,

the expiry of the period of that tenancy.

(4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.

(5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.

http://www.irishstatutebook.ie/eli/2004/act/27/section/36/enacted/en/html#sec36

See Section 66, Table 2 for confirmation of applicable notice period.

http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec66


Assuming of course that the op is not living with the LL as he/she quoted the RTB in relation to tenancies.

Graham

Claw Hammer, quoting what a tenant needs to do

Claw Hammer wrote: »

if he or she intends to remain

is not relevant to someone that wishes to leave.

OP, standard notice periods apply.

lawred2

Roski707 wrote: »

You have to give 35 days as you are in the property less than a year. So you give your notice starting 27th August and it will expire on 1st september when your lease expires

that's not 35 days

FionnK86

Thanks lads, trying to wrap my head around above but it seems to be 35 days. I'm not living with LL.

What about my aside, if you were LL would you prefer to know sooner than the 35 days? Just worried that they'll start arranging viewings mad early and impacting my quality of life (also working from home) and I won't have much recourse as I'm on the way out the door anyway. Open to reasonable viewings within the month before we go of course. Have maintained house well (improved it even) and have good relationship with LL.

FionnK86

FionnK86 wrote: »

Thanks lads, trying to wrap my head around above but it seems to be 35 days. I'm not living with LL.

What about my aside, if you were LL would you prefer to know sooner than the 35 days? Just worried that they'll start arranging viewings mad early and impacting my quality of life (also working from home) and I won't have much recourse as I'm on the way out the door anyway. Open to reasonable viewings within the month before we go of course. Have maintained house well (improved it even) and have good relationship with LL.

The statutory requirement is 35 days, so anything in excess of that is totally up to you. LL can’t impose viewings on you unless you have agreed to it. If you would like to leave earlier, give the required notice and see if LL will agree to shorter notice period.