Served notice to leave

keithb93

Hi everyone,

There’s four of us renting a house in which we have been served 6 months notice to vacate as the landlord needs to move in himself.

The question I have is what happens if someone leaves before the 6 months are up? Are we expected to cover their share of the rent? Obviously with the way the market is, people will have to take the first opportunity of accommodation rather than waiting till the end and not having somewhere to live, but we can’t be expected to cover their rent without the possibility of finding someone to replace them.

kingtut

https://www.boards.ie/discussion/2058260866/served-notice-to-leave

Are you currently renting the entire house or renting a room each? I hope that makes sense.

If you are renting the house as a whole and then splitting it 4 ways then I would expect that you have to continue to pay the full rental amount each month. If you are just renting a room then I don't see why you would have to pay for someone else's room.

TheWonderLlama

whose name is the lease in? All 4?

If so, then the person is obligated to pay their share until the end of the lease, unless landlord agrees to release them early. Which they might, given that they want to move in to the place themselves.

accensi0n

https://www.boards.ie/discussion/comment/119536592#Comment_119536592

I don't think that's true. I believe each person is jointly and severally liable, whoever is still living there is liable for the total amount.

Anyway, OP, best thing is to have a conversation with the landlord. See if you can come to an agreement where as each person moves the rent reduces. If he is moving back in then he may be happy with folks moving as soon as they're able to.

keithb93

https://www.boards.ie/discussion/comment/119536632#Comment_119536632

All 4 of our names are on the lease. Its a shame because we signed a one year lease (after never having one previously with this ll - living here over a year) 2 weeks before notice was served. We thought we were safe for another while. Ill have a talk with him and see what he thinks.

TheWonderLlama

https://www.boards.ie/discussion/comment/119536632#Comment_119536632

yes, thats what i was trying to say. badly.

All 4 are liable for the lease. Whether they are living there or not.

ThreeGreens

I suggest that you talk to your landlord. The landlord is probably concerned that you won't find alternative accommodation and might end up over holding.

So they might be as anxious as you that you take alternative accommodation at the first available opportunity. So they might be willing to give you some flexibility on rent as people leave. No harm in explaining the problem and seeing if a compromise can be agreed.

meijin

https://www.boards.ie/discussion/comment/119536674#Comment_119536674

if you signed fixed term lease for 1 year, they cannot terminate the lease during the fixed term, unless it contains some special exceptions

it's a bit strange... they gave you a new lease just to terminate it soon after?

Fian

This (above) is important - your landlord cannot serve you with notice in thee circumstances except in the (highly unlikely) event that the lease provides for that. the landlord can provide you with notice after the lease expires, you will be entitled to notice depending on how long you have been in occupation. The notice will have to be in the form set out on the RTB website and will have to be accompanied by a statutory declaration.

Giblet

Landlord messed up getting you a new lease to sign. See out the lease if you want.

keithb93

https://www.boards.ie/discussion/comment/119536938#Comment_119536938

Is there not a clause that allows them to terminate the lease within the first 6 months? I had a look at it and it doesn't have anything about terminating the lease unless rent is not payed or there is parties/damage to the property.

Yeah it is very strange. I specifically asked for a lease for peace of mind as we had been here a year without having one or being registered.

Fian

Have you been living in the house for 6 months or more?

What you are referring to in respect of 6 months is a notification that the landlord does not wish to commence a part IV tenancy under teh 2014 legislation, but this does not mean a lease can be terminated during the first 6 months.

The notice you have received would appear to be invalid based on the information you have posted.

just_a_gurl

In order for a landlord to terminate a fixed term lease within the first 6 months then that lease must contain a break clause that indicates the LL is retaining their right to do so as per Statute.

With regard to the Termination Notice you received, if the phrase to vacate uses words such as "must vacate the property on or before x termination date" then it has been successfully argued that the recipient of the Notice was entitled to leave before the termination date given.

With regard to who pays that persons share, as others have said it depends on the lease. Are all 4 names on 1 joint lease - or do each of you have a separate lease?

By any chance is the Termination Date given outside the end date of the lease's term???

meijin

https://www.boards.ie/discussion/comment/119537093#Comment_119537093

That "6 months" might be from the start of the tenancy (so, as you said, over a year ago), not from the start of the lease extension.

Anyway, check the lease and verify if there is any term specified (the "one year").

Did you get statutory declaration? Check RTB website for all the requirements.

dennyk

If all four of you are on the same single lease and the lease is for the entire property with a single rent amount, then any of you can be held responsible for paying that amount. If some of the tenants leave, those that remain would have to cover that full rent. Since you've been served notice of termination by the landlord, though, once the last tenant leaves, no more rent would be owed from that point going forward; the tenancy is over as soon as all of the tenants have vacated.

The_Conductor

As dennyk has said- you are jointly and severally liable to pay the rent.

Aka- if one person leaves early- you are all on the hook to pay the rent in full for the whole property, until such time as the property is handed back vacant to the landlord.

keithb93

https://www.boards.ie/discussion/comment/119537885#Comment_119537885

It’s not straight forward but one guy has been here 2 years, myself 1 year, one 8 months and the last is 4 months here.

We signed a years lease until July 2023.

keithb93

https://www.boards.ie/discussion/comment/119538365#Comment_119538365

We haven’t received statutory notice as the ll only registered us when we signed the lease (ie 1 month ago).

https://www.boards.ie/discussion/comment/119539003#Comment_119539003

What?

keithb93

https://www.boards.ie/discussion/comment/119539014#Comment_119539014

Apologies getting wired crossed, it’s been a long day. Yeah we have received notice to vacate on 20th of February.

deirdremf

https://www.boards.ie/discussion/comment/119536674#Comment_119536674

He sertved notice 2 weeks after signing the lease?

That sounds seriously dodgy to me. Contact a lawyer pronto.

dennyk

If you are under a fixed term lease, then unless there's a term in the lease explicitly allowing it, the landlord can't serve you a termination notice, even for a reason allowable under the Part 4 regulations. You can be served notice to terminate the tenancy for one of those reasons (and the landlord moving in themselves is a valid one) after the fixed term has ended, but your tenancy can't be terminated during the fixed term.

keithb93

https://www.boards.ie/discussion/comment/119541159#Comment_119541159

This is good to know. thanks

Fian

In addition since you have been a tenant for more than 6 months you have a part IV tenancy. This means there are limited grounds for termination and the landlord must comply with statutory requirements as to the form of the notification etc.

Non-registration of the lease is entirely irrelevant to this. It doesn't have any impact on your rights that he didn't register on time, except that it would put him further on the back foot in the event of a dispute going to RTB.

All this just confirms that the notice is invalid.

Claw Hammer

https://www.boards.ie/discussion/comment/119542383#Comment_119542383

Non registration is potentially significant. There is an argument to be made that a valid notice of termination cannot be issued in respect of an unregistered tenancy.

just_a_gurl

Shur all the LL would have to do is register the tenancy & pay the late registration fee before the Adjudication...

https://www.boards.ie/discussion/comment/119543394#Comment_119543394

What argument?