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30-04-2019, 12:58   #16
SureYWouldntYa
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Originally Posted by WinK95 View Post
I came here looking for help and an explanation, not validation to not pay the full rent. If that's the way it has to be done, then I've no problem with it, it's just I heard one thing from one party and one thing from another, so I wanted to reach out to more people regarding my situation. This is the first time i rented out a property, so I appreciate all the comments I get, and hopefully I can get something out of it when finding a new place in the future.
Fair enough when every comment was saying you should pay the months rent and you were still on about only paying for the days you were there I thought you weren’t listening at all

It mightn’t seem fair in a way but your 9 month lease is a blessing too, in the more in demand areas in the country students are often forced to take 12 month leases and pay for 3 months rent when they’re not in college
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30-04-2019, 13:09   #17
WinK95
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Fair enough when every comment was saying you should pay the months rent and you were still on about only paying for the days you were there I thought you weren’t listening at all

It mightn’t seem fair in a way but your 9 month lease is a blessing too, in the more in demand areas in the country students are often forced to take 12 month leases and pay for 3 months rent when they’re not in college
Oh no, I'm convinced now, judging by the replies I got, and have no problem admitting I was in the wrong.

The 9 months lease sounds more fair now, but as someone going into 3rd year this September, I'm going to be in work experience starting in March. Having to rent a place for 9 months would be a bit more of a pain then, seeing as I'd be moving back home for the duration of said work experience, if I can find a placement closer to home.
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30-04-2019, 13:15   #18
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Oh no, I'm convinced now, judging by the replies I got, and have no problem admitting I was in the wrong.

The 9 months lease sounds more fair now, but as someone going into 3rd year this September, I'm going to be in work experience starting in March. Having to rent a place for 9 months would be a bit more of a pain then, seeing as I'd be moving back home for the duration of said work experience, if I can find a placement closer to home.
Thats a pain I’m going through myself at the moment, supposed to be on work placement since Feb but havent got anything so I’ve been paying for a place for nothing, if i got something at home then I could have subleased to an erasmus student since our landlord is as fair as can be but the uncertainty meant I couldnt do anything and will have paid 1200 total for a place I have stayed in 4/5 nights

You’re in an unfortunate position no matter what, it’ll be hard to do something that suits you fully
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30-04-2019, 13:26   #19
WinK95
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Thats a pain I’m going through myself at the moment, supposed to be on work placement since Feb but havent got anything so I’ve been paying for a place for nothing, if i got something at home then I could have subleased to an erasmus student since our landlord is as fair as can be but the uncertainty meant I couldnt do anything and will have paid 1200 total for a place I have stayed in 4/5 nights

You’re in an unfortunate position no matter what, it’ll be hard to do something that suits you fully
I'm sorry to hear about your situation, I hope you're able to resolve it soon.

Sadly, that seems to be the case, but I'm going to look for the best solution nonetheless. It's a struggle, but has to be done.

That being said, thank you for your input regarding my situation, I appreciate the help.
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30-04-2019, 14:10   #20
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What happens in the case that a landlord ends a Part IV tenancy, for example to let a family member move in? If this tenancy ends half way (or earlier) through a month then I assume the tenant is entitled to a pro-rata refund for the other half of the month?
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30-04-2019, 14:26   #21
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What happens in the case that a landlord ends a Part IV tenancy, for example to let a family member move in? If this tenancy ends half way (or earlier) through a month then I assume the tenant is entitled to a pro-rata refund for the other half of the month?
In cases such as that- in general- the landlord gives longer notice than strictly necessary under the Residential Tenancies Act- so it encompasses the whole of the month- or alternatively the length in the RTA + 1 day- and the tenant only pays for a pro-rata length of the final month.

The norm is RTA notice period + 1 day (unless agreed differently between both parties- but leasehold conditions cannot detract from a tenants right to the RTA notice periods).

Communication between both parties is key.
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01-05-2019, 10:26   #22
ontheditch2
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If there is no lease/contract agreement and the OP has had issues with things not being fixed during the year, and doesn't plan on going back next year, then I would pay for the length if time you plan on staying.
As soon as you leave, he will be offering it out to summer students.
If the OP moved out last summer and was able to move back in 3 months later, it signifies to me that it is a classic student house, a run down house that professionals would refuse to live in for a number of reasons. 1.) It is in serious need of upgrade, 2.) Professionals would actually demand a lease agreement and demand he acts professionally sorting out issues, as described for the OP, 3.) Knows that students will just get on with it whilst a professional would hold him to taskon issues.
Anyone who has rented private accommodation as a student, knows what I mean.
If the LL was unprofessional enough to issue a lease or a contract, then I'd say that's his tough. I've seen houses that are being passed as student accommodation and they are nothing short of disgraceful. There are obviously some nice places and great landlords but anyone familiar with Cork and college road, only a student would live there and they only live there for convenience.
Pay only as long as uppity are staying there.
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01-05-2019, 10:52   #23
The_Conductor
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In the absence of a formal lease- the Residential Tenancies Act and its provisions (particularly as they relate to a Part IV tenancy) apply.
You do not get to make up the law- or which rules apply or do not apply to you- its quite specific and laid out in the Act.
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01-05-2019, 11:10   #24
Fol20
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Originally Posted by ontheditch2 View Post
If there is no lease/contract agreement and the OP has had issues with things not being fixed during the year, and doesn't plan on going back next year, then I would pay for the length if time you plan on staying.
As soon as you leave, he will be offering it out to summer students.
If the OP moved out last summer and was able to move back in 3 months later, it signifies to me that it is a classic student house, a run down house that professionals would refuse to live in for a number of reasons. 1.) It is in serious need of upgrade, 2.) Professionals would actually demand a lease agreement and demand he acts professionally sorting out issues, as described for the OP, 3.) Knows that students will just get on with it whilst a professional would hold him to taskon issues.
Anyone who has rented private accommodation as a student, knows what I mean.
If the LL was unprofessional enough to issue a lease or a contract, then I'd say that's his tough. I've seen houses that are being passed as student accommodation and they are nothing short of disgraceful. There are obviously some nice places and great landlords but anyone familiar with Cork and college road, only a student would live there and they only live there for convenience.
Pay only as long as uppity are staying there.
Its not his tough luck as the Legislation supersedes whatever contract you sign anyway.

It is common for college accommodation to advertise for the summer months and then relet at a higher price during the college year. When you moved in, what was the agreed date you would move out?
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01-05-2019, 12:26   #25
mrslancaster
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Its not his tough luck as the Legislation supersedes whatever contract you sign anyway. ….
(Fol20, this is not having a go at your post - just quoting it in order to ask the following question)

I have read many times on this forum that there is no point anymore for landlords and tenants to sign a contract as the legislation supersedes anything that is in it.

Why is that? If no contracts made sense, then the same argument would be made for employers/employees or suppliers/customers etc but that doesn't happen afaik.

Most retailers for instance will have their T's & C's on their website, on the back of the receipt etc and it must comply with the various pieces of consumer legislation.

As for employment, the majority of people working have signed a contract which sets out the details of their job, duties, working hours, annual leave etc etc. Those terms must be in line with whatever EU and Irish employment legislation is in place and when both parties sign up to it, they are both expected to abide with the terms they have contracted to.

I have never heard anyone suggesting that a company should not bother issuing an employment contract because there is legislation already there.

From reading threads on this forum, it seems that Tenancy contracts are not considered binding and are flouted time and again by both parties.

Why is that? Surely if a tenancy contract (agreement or lease) is entered into willingly and signed by both parties, it is legally binding provided it is in compliance with the legislation

Last edited by mrslancaster; 01-05-2019 at 13:20.
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