Unsure if I'm entitled to rent clawback

The Nigerian Prince

Hey,

I was living in my previous property for around 8-9 months. I decided to move out on the 6th of January and gave my notice to the landlord on the 10th of December. This was a breach of notice as the period would actually be 35 days (i.e. the 14th of January). It was a 12 month fixed term (which was to end in late February).

Two of us were leaving on the 6th, and we offered to find replacements and to pay rent for the entire month of January (so any incoming tenants would just pay us the difference when they came in). He agreed. Then the third announced he was leaving and the landlord did not like this situation (no lead tenant). The landlord told us he was going to an agency to find replacements.

I paid my rent for January in advance like always. We made an arrangement to get our deposits back despite the notice with the landlord by doing a deep clean, and he honoured this after we left.

The landlord went to an agency to find our replacements, and offered to give us back rent for January depending on when he got replacements. Unfortunately he was unable to find replacements before the end of January, as a new crowd are moving in on the 1st of February. This means, effectively, that he's saying none of us are getting rent back. The other tenants I was sharing with had been in the place for over 2 years meaning their actual notice period would have extended into February.

I'm actually glad he was honest enough to give us back our deposits after we had cleaned the place despite the notice period. However, I am concerned that I could be entitled to a half months rent clawback, which is not an insignificant amount of money. The landlord effectively cancelled the tenancy, which is evidenced by him placing the property up on daft at an increased price.

My query is as follows: as I was only there for 8-9 months, am I entitled to ask for my rent back from 14 January - 30 January despite paying it in full at the beginning of the month? Sure, we left on the 6th but we all paid rent up until the end of the month which made things a lot more secure from his point of view.

Apologies for being non-specific - there are a lot of moving parts in this situation and I don't want to overcomplicate it.

Any help is greatly appreciated.

DFB-D

It sounds like you were sharing a tenancy so any notice under the RTA would be for the tenancy and not the individual tenants sharing the tenancy.

As it involved breaking a 12 month lease, the landlord is entitled to damages arising from the breach of contract, so he does not appear to have acted unreasonably in not refunding the rent.

It is possibly different if he accepted the notice and promised to refund the rent.

Claw Hammer

No chance you were entitle to rent back. You didn't give a valid notice you are lucky you got your deposits back.

The Nigerian Prince

https://www.boards.ie/discussion/comment/123119544#Comment_123119544

Thanks for the info.

Quick question. I did leave on the 6th but the rent was paid up until the end of the month meaning he was covered up until February 1st. Does that change the situation at all? The notice wasnt sufficient in terms of leaving but we did pay the rent in full, intending to claw it back from the new tenants that we had offered to find.

The Nigerian Prince

https://www.boards.ie/discussion/comment/123117820#Comment_123117820

Thanks for this.

He accepted the notice and said it was OK as long as we found replacements on time.

He changed his mind at the end of December and announced he was going to an agency, and that we would get back our rent (but in his words, we would be out of pocket but not by much).

Of course, seeing as he has secured tenants to come in on Feb 1st we will not be receiving our rent back. But I just wanted to know if the fact I had a shorter notice period, and yet paid my rent for the entire month, would be relevant.

If I had stated my intended leaving date as the 14th instead of the 6th giving adequate notice, for example, I would surely be entitled to that rent back no?

That is assuming the notice is done on an individual basis, which you indicate is not the case.

Claw Hammer

https://www.boards.ie/discussion/comment/123120048#Comment_123120048

When you actually move out is your own business. Whatever arrangement you may have had with new tenants is nothing to do with the landlord. You signed a 12 month lease and walked. A landlord is under no obligation to accept replacement tenants.

howiya

There is no entitlement to claw back any rent. You paid for January and could have stayed in situ until today. You've rented the property for January.

When you left is immaterial unless the landlord had served notice on you. If landlord served notice you are only required to pay rent up until when you leave the property.

DFB-D

https://www.boards.ie/discussion/comment/123120060#Comment_123120060

You're welcome.

There are two common scenarios:

1. You rented a room with use of the common areas directly from the landlord - so you have a lease with the landlord with only your name on it. - in which case you can give the correct notice and move out by that date.

2. You shared a tenancy with others - either you all initiated the lease together or you replaced others on the lease (this seems to align to what you wrote) - in which case, the landlord is entitled to the full rent as long as the tenancy unit is occupied by any of the tenants. You could move out and get a replacement tenant but this does not impact on the landlords entitlement for the full rent. So a termination notice from the tenants would require all tenants to vacate on the termination date, if any tenant remains the tenancy continues and the landlord is entitled to the full rent.

If number 2 applies, sufficient notice was not served really at all, but perhaps it can be from the date the last remaining tenant said they were also leaving.

Claw Hammer

https://www.boards.ie/discussion/comment/123120404#Comment_123120404

The o/p was in a fixed term lease and went early. It appears it was a joint and several lease. When the last tenant said they would move out and the landlord refused to accept any assignment he would have been entitled to 35 days notice at that point or the rent to the end of the lease whichever is the earlier.

DFB-D

https://www.boards.ie/discussion/comment/123120926#Comment_123120926

Incorrect, he was entitled to damages only.

But you go ahead and ignore me in future, I haven't forgotten your behaviour on previous posts, nor shall I.

Claw Hammer

https://www.boards.ie/discussion/comment/123122330#Comment_123122330

Typical, a personal attack when you are wrong. What do you mean damages only?

DFB-D

https://www.boards.ie/discussion/comment/123123718#Comment_123123718

I hope you don't have access to vulnerable people, you have been clearly told "no".

MakersMark

If you were there in January, then you owe January's rent.

You don't pay by the day.

Claw Hammer

https://www.boards.ie/discussion/comment/123126432#Comment_123126432

Same old playbook. Make an incorrect statement and refuse to stand over it based on some imaginary slight.

DFB-D

https://www.boards.ie/discussion/comment/123133006#Comment_123133006

I have told you many times why I dislike you, not based on what you write, but you personally.

I am not the only person here who refuses to engage with you. You made 2 mistakes in 2 posts, but if I were to correct you, you would open the floodgates of absolute shite talk driven by your research which consists of a quick google search before answering.

Again, I am telling you "no", I don't want to engage with you, you are a ____!

If you post again, refer back to this post for your reply.

Claw Hammer

I blame your parents.