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Rental termination notice as a tenant?

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  • 21-05-2020 7:09pm
    #1
    buddyboy
    Registered Users Posts: 75 ✭✭


    We are renting thorough a letting agency, We should be onto our 3 year of lease renewal, however the agency is not is not that well organised, i had to remind them when the first 12 month lease was due for renewal last year, the second year lease has been up since end of March and we have heard nothing from them again. The fun part now is we have bought a house and are in the final stages of closing so we expect to be moving out very soon.

    Since we already completed our 2nd year 12 month lease we are thinking we can just give 30 days notice to the letting agent on our intent to move out, we shold still be able to get our full deposit back in this scenario?


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    #2
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    Notice for ending a tenancy of 2+ years is 56 days. A written term lease is not necessary anymore, once the tenant goes beyond 6 months, they get Part 4 rights so the fixed term lease is optional rather than a requirement.

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


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    #3
    HodlforWin79
    Banned (with Prison Access) Posts: 7 ✭HodlforWin79


    What happens if OP doesn't give notice, will they just lose their deposit? Doesn't seem that much of a loss if that's the case given they have just purchased their home, could they not cancel the bank transfer to the agency and just leave the day before the rent is due and let the agency/landlord keep the deposit?


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    #4
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    HodlforWin79 wrote: »
    What happens if OP doesn't give notice, will they just lose their deposit? Doesn't seem that much of a loss if that's the case given they have just purchased their home, could they not cancel the bank transfer to the agency and just leave the day before the rent is due and let the agency/landlord keep the deposit?

    The reality is that the max the LL could expect to get if the tenant walks without giving notice, is retention of the deposit even though the tenant may owe double that. In theory the LL could take a case through the RTB but it is hardly worth it because the LL is supposed to mitigate loss by renting the property as soon as possible. So, you are right, what you are proposing is often the approach taken.


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    #5
    buddyboy
    Registered Users Posts: 75 ✭✭buddyboy


    We will be giving notice but it will probably only be 30 day i would say. Given the current pandemic situation its very hard to give the full notice needed, we are not going to give 52 days notice as it would be cheaper to just leave and loose the deposit, but im hoping that will not be the case. considering the lack of communication on lease renewal issues from their side i think we will be ok to get our deposit back. i sent them an email letting them know we wont be renewing another 12 month lease and are moving out shortly so ill see what they come back with. It will be interesting to see how it goes given the current situation, im sure the owner wont want to be loosing tenants and may find it hard to get new ones straight away. Hopefully he has been saving some of the rental income for a rainy day fund!


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    #6
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    The pandemic hasn’t changed the statutory notice periods. Not giving correct notice, but still expecting your deposit back is being optimistic.


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    #7
    buddyboy
    Registered Users Posts: 75 ✭✭buddyboy


    Dav010 wrote: »
    The pandemic hasn’t changed the statutory notice periods. Not giving correct notice, but still expecting your deposit back is being optimistic.


    Out of curiosity, Are you a landlord?

    The only reason why i'd say we haven't heard from the "landlord" is the fact that he knows that he can't charge the extra 4% increase given the current covid restrictions even though it was classed as a rent pressure zone previously, they were fairly eager to sort the lease renewal last year and increase the rent, weird they have sent us any communication this year!

    I have been renting in 3 different rental properties over the last 7 years, ranging from sublets in family owned properties to a Savills managed new Penthouse now to this current 2 bed apartment in the suburbs. I've never needed to give more than a months notice so i think it will be ok.


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    #8
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    Your LL can of course agree to a shorter notice period than the statutory requirement, but the fact that you rented three other properties previously does not change the fact that you cannot unilaterally decide what notice you want to give.

    I don’t need to be a landlord, or a tenant, to read the relevant page on notice periods on the RTB website.

    Here it is:


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


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    #9
    TheBoyConor
    Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Reality is, any landlord these days would bite your hand off to have vacant possesion of the asset ASAP with 30 day notice or less. That way they can let it out again almost immediately at a 4% higher rate. It is a landlords market.

    In theory, a LL could take an RTB case. But why would they? A the end of the day, the RTB is a pro tenant anti landlord body.


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    #10
    Caranica
    Registered Users Posts: 10,001 ✭✭✭✭Caranica


    As another poster pointed out, the lease is utterly irrelevant here, after 6 months you have Part IV rights, you never needed to renew. It's likely the landlord knew this hence the lack of urgency on "lease renewal".

    You can agree a shorter notice period than the legally required 56 days with the landlord, but they are under no obligation to do so.


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    #11
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    TheBoyConor wrote: »
    Reality is, any landlord these days would bite your hand off to have vacant possesion of the asset ASAP with 30 day notice or less. That way they can let it out again almost immediately at a 4% higher rate. It is a landlords market. .

    I think that post might be about 3 months out of date.


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    #12
    buddyboy
    Registered Users Posts: 75 ✭✭buddyboy


    TheBoyConor wrote: »
    Reality is, any landlord these days would bite your hand off to have vacant possesion of the asset ASAP with 30 day notice or less. That way they can let it out again almost immediately at a 4% higher rate. It is a landlords market.

    In theory, a LL could take an RTB case. But why would they? A the end of the day, the RTB is a pro tenant anti landlord body.

    I would be of similar thinking, the landlord has the opportunity to change tenants and increase the rent "on par" with similar rental offerings in the area, probably earning an extra 200 quid a month, I think he will be ok with that. If he can't get new tenants due to current situation, maybe it is a slightly over priced rental property. The current economic climate will result in more affordable rental prices in this country maybe


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    #13
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    buddyboy wrote: »
    We will be giving notice but it will probably only be 30 day i would say. Given the current pandemic situation its very hard to give the full notice needed, we are not going to give 52 days notice as it would be cheaper to just leave and loose the deposit, but im hoping that will not be the case. considering the lack of communication on lease renewal issues from their side i think we will be ok to get our deposit back. i sent them an email letting them know we wont be renewing another 12 month lease and are moving out shortly so ill see what they come back with. It will be interesting to see how it goes given the current situation, im sure the owner wont want to be loosing tenants and may find it hard to get new ones straight away. Hopefully he has been saving some of the rental income for a rainy day fund!

    Why is it okay for you to break the law?


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    #14
    buddyboy
    Registered Users Posts: 75 ✭✭buddyboy


    Pkiernan wrote: »
    Why is it okay for you to break the law?

    Get over it chap :D You can put down the phone now, no need to call the Garda on me. I contacted the letting agent today and they are happy with 30 days notice. Problem solved


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    #15
    Dav010
    Registered Users Posts: 14,001 ✭✭✭✭Dav010


    buddyboy wrote: »
    Get over it chap :D You can put down the phone now, no need to call the Garda on me. I contacted the letting agent today and they are happy with 30 days notice. Problem solved

    The capacity of the letting agent/owner to agree to a lesser period of notice was never in doubt, what was though is your belief that you only had to give 30 days, 26 less than the statutory requirement, and that the LL had to accept it. Good luck with the new house, exciting times ahead.


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