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27-10-2010, 20:25   #76
L5
 
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Hi,
I have some questions regarding a landlord. We reached the end of a one year lease in an apartment rent, and moved out, the landlord never contacted us with regard to extending the lease or not, so we just left and left keys in postbox, and left them the deposit as a months rent.
Now a month later they have contacted us via text saying that there is a sizeable amount in unpaid rent from during the years tenancy. This may very well be true, however the fact theyre only discovering/highlighting this now is ridiculous.
They have stated that if we dont make contact within 24 hours they will be taking the matter up with our employer.
Am i right in thinking they have no right to contact our employer about this, that it is a private matter between 2 parties?
Could they bring us to the private residencies tenancy board now, even though we have moved out over a month ago and this "discrepancy" is only being highlighted to us now, from seemingly rent not paid from months back.
thanks for any help
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04-11-2010, 13:28   #77
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Originally Posted by L5 View Post
Hi,
I have some questions regarding a landlord. We reached the end of a one year lease in an apartment rent, and moved out, the landlord never contacted us with regard to extending the lease or not, so we just left and left keys in postbox, and left them the deposit as a months rent.
Now a month later they have contacted us via text saying that there is a sizeable amount in unpaid rent from during the years tenancy. This may very well be true, however the fact theyre only discovering/highlighting this now is ridiculous.
They have stated that if we dont make contact within 24 hours they will be taking the matter up with our employer.
Am i right in thinking they have no right to contact our employer about this, that it is a private matter between 2 parties?
Could they bring us to the private residencies tenancy board now, even though we have moved out over a month ago and this "discrepancy" is only being highlighted to us now, from seemingly rent not paid from months back.
thanks for any help

So you didn't pay your rent at some point, moved out without telling them (yes maybe they should have contacted you, but you are also obliged to tell them you wish to leave) and now you think that's ok because you left a month ago? Please tell me you're not serious.

I am a renter and had a pretty terrible time with a previous landlord, but I gotta say, this time I think I am on their side.
If you didn't pay your rent, you owe them, simple as.
The fact that you left without a word (leaving them not knowing, and therefore missing out on potential rent from a new tenant AND making their house insurance null and void seeing as the property was empty for 30 consecutive days) in my opinion means they are probably entitled to keep your deposit too, and not just as your last months rent.

Yes, it may be stupid on their part that they are only noticing the "discrepancy" now, but maybe they are only now looking into the account since it suddenly stopped being paid into without notice.

No, it is nothing to do with your employer (unless the tenancy was something to do with them) and they are probably saying that to scare you.

Yes, they are within their rights to bring the matter to the PRTB if they wish. You owe them money, simple as....unless there is more to this story that I am just not getting.
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04-11-2010, 15:21   #78
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Quote:
Originally Posted by L5 View Post
Hi,
I have some questions regarding a landlord. We reached the end of a one year lease in an apartment rent, and moved out, the landlord never contacted us with regard to extending the lease or not, so we just left and left keys in postbox, and left them the deposit as a months rent.
Now a month later they have contacted us via text saying that there is a sizeable amount in unpaid rent from during the years tenancy. This may very well be true, however the fact theyre only discovering/highlighting this now is ridiculous.
They have stated that if we dont make contact within 24 hours they will be taking the matter up with our employer.
Am i right in thinking they have no right to contact our employer about this, that it is a private matter between 2 parties?
Could they bring us to the private residencies tenancy board now, even though we have moved out over a month ago and this "discrepancy" is only being highlighted to us now, from seemingly rent not paid from months back.
thanks for any help
If I were you I would be contacting the landlord ASAP to see what you can do to make things right. You are in the wrong on several counts (unpaid rent, deposit used in leiu of last months rent and not informing them that you are moving out are three glaringly obvious ones for starters). At the very least you owe them the last months rent and Id be very surprised if you havent lost your deposit along with it.
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04-11-2010, 15:23   #79
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What's in your contract?

And quick one from me - could landlord force tenant to use vacuum cleaner with broken cord rewind? I presume it's safe, but it's broken someway and shouldn't be repaird first?
If its only literally the cord rewinder that is broken then its not a problem. They probably should by rights replace it, but the hoover still works (assuming that is all that is wrong with it) so Im sure they wouldnt see it as an immediate priority.
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13-11-2010, 12:00   #80
 
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Any good roommate "matchmaking" websites out there? What drives me crazy is that people post room details/pictures but that is just part of the equation... most people don't say anything much about themselves.
Why don't more people use facebook marketplaces?
I'm watching daft.ie and ie.easyroommate... anywhere else I should be looking? rent.ie seems mostly repetative of daft... gumtree doesn't seem to have good variety...
Thanks.
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14-11-2010, 23:06   #81
 
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I'm trying to sort out my rent relief and medical card, and asked my landlord for my rent book like all the websites suggest but she told me rent books aren't used anymore and my standing order in the bank is proof enough? She said she could contact the letting agents and get me a letter proving i'm a tennant if it helps.
Is this right? I just don't want to screw up these applications.
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23-11-2010, 14:51   #82
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FAQ - When renting accommodation - general information thread

As I shouldn't continue OT posting on another thread but was asked to explain the diferrence.

Here is a basic explanation of the differences between fixed term and part 4 leases, as I understand it. Note, I am not a lawyer.

If you do not have a fixed term lease then you automatically have a part 4 lease (from Part 4 of the Residential Tenancies Act 2004.)

This provides security of tenure. After 6 months in-situ without being asked to vacate by the landlord, you are then entitled to remain for up to 4 years.

Part 4 tenancies do allow limited specific reasons that a landlord may terminate a tenancy earlier than this. These include wanting to sell the property, or wanting to move themselves, or their family in.

Even with these exceptions the land-lord has to give you increasing notice depending on how long you have been there. From only 4 weeks if you have been there less than 6 months, up to 16 weeks if you have been there for more than 4 years.

These reasons for early termination apply ONLY to a part4 tenancy.

If you have a fixed term lease (ie you signed a lease for 6 months, a year, whatever, instead of defaulting to a Part 4) then the above reasons for allowing the early termination of a Part 4 tenancy do not apply to you as you don't have a Part 4 tenancy. EG if they were to sell the property, you would be allowed remain, and the terms of your lease would apply to your new landlord. Reference:http://www.threshold.ie/page.asp?menu=70&page=241
Quote:
if a fixed term tenancy exists it cannot under any circumstances be terminated before the expiry of the term, unless the landlord or the tenant is in serious breach of the agreement.

Note: Fixed term leases may specifiy similar exceptions allowing early termination. Check your lease and decide if you want to accept them before you sign.

Additionally, at the end of a fixed term lease you are automatically entitled to a Part 4 tenancy. I have seen a fixed term lease with an added clause that stated that no such Part 4 tenancy could arrise at the end of the lease but I have no idea if this is a right that cannot be given up. So I cannot say as to whether that is valid or not.

You are supposed to give 1 to 3 months notice to your Landlord as to your intention to take up a Part 4 tenancy after your fixed term lease expires but even if you do not you are still entitled to the Part 4 tenancy. You're just rather inconsiderate and may be liable for expenses incurred by your landlord due to this. So give the correct notice.

Additionally here is a citizensinformation explanation of it.

http://www.citizensinformation.ie/en...f_tenancy.html

Very much open to correction on this, as once again, I am not a lawyer. The main thing to remember is that Part 4 and fixed term leases are not the same beast, and that part 4 specific exceptions do not apply to fixed term leases.

Last edited by quozl; 23-11-2010 at 15:00.
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23-11-2010, 19:30   #83
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FAQ - When renting accommodation - general information thread

The purpose of this thread is to discuss in general, information pertinent to the rental of accommodation- and in particular to highlight information which is often inaccurate. Hopefully this will enlighten people and be a good resource/first port of call, for many questions people might have.

If you notice any inaccuracies in this thread itself- please use the 'report post' function.

Kind regards,

Shane
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24-11-2010, 10:55   #84
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Confusion between Part 4 & Fixed Term Lease rights.

The law surrounding Part 4 tenancies is a little convoluted and some people get confused between a "fixed term" lease and the rights you have when your tenancy is Part 4.

Here are a couple of points that I hope will be helpful - if I have made any errors please post below and I will correct.

1. A fixed term lease usually permits the tenant to stay until the lease finishes regardless of any claim that the landlord may have (e.g. a need to move in themselves or wanting to sell the property). This is usually the case but a lease may also include a "break clause" which could allow this. I would suggest that it would be a bad idea to sign such a lease as it would confer little benefit on the tenant. If you have a lease in place and are being served with notice by your landlord then it is very important that you read the lease in detail and refer it to Threshold if necessary.

2. A corollary of the above rights is that as a tenant with a fixed term lease you are technically required to pay for a fixed lease until it finishes (again assuming there is no break clause). Part 4 rules allow you to assign the lease to someone else and if the landlord refuses this assignment you are free to break the lease (with notice). In practice it is probably unlikely that a landlord will pursue a tenant for the balance of a lease so it is worth negotiating if you need to leave early.

3. A part 4 tenancy comes into effect after 6 months of tenure so after a fixed lease expires there is no necessity for a tenant to renew a fixed lease if happy with the security of tenure that Part 4 offers. Of course once the fixed lease expires then the landlord is permitted to use the provisions of part 4 to give notice to tenants.
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30-11-2010, 00:08   #85
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Originally Posted by dammitjanet View Post
I'm trying to sort out my rent relief and medical card, and asked my landlord for my rent book like all the websites suggest but she told me rent books aren't used anymore and my standing order in the bank is proof enough? She said she could contact the letting agents and get me a letter proving i'm a tennant if it helps.
Is this right? I just don't want to screw up these applications.
I've rent relief and if you dont have a rent book, you need a lease to provide proof of your residency.

The document stating your bank details and standing order, will prove your paying rent and to whom, but I've always needed further proof.

I have never dealt with letting agents, so not too sure about that point, so hopefully someone can help there
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17-12-2010, 14:07   #86
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Hi, I'm hoping someone can help me..

I've been renting for a year in the one spot, so my lease is now up. The landlord contacted me to see if I wanted another year lease, I said no not really can I go month to month. I was told this would be okay, what they were doing for other tenants was issuing leases with a break-clause. Got the lease, there is a break-clause but has a two month notice required. I haven't signed the lease and returned it as of yet, because I was unhappy about that.
Now I have decided to move out anyway, can I just give them one months notice? I was warned by Threshold that this particular letting agency is very bad at returning deposits, and he even suggested using my deposit as my last months rent - even though he said you should never do that. I definitely have concerns as it is a sizable deposit, and they never fixed several things throughout the year which I'm sure they would sting me for.
Can I use my deposit as last months rent and issue them a letter saying I will pay any outstanding charges? I certainly wouldn't walk away from any charges but I would prefer to be in a repayment situation as I would imagine otherwise I won't get much deposit back.

Any help greatly appreciated!!
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12-01-2011, 09:39   #87
 
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Should I insist on pots, pans & cutlery to be provided?

Hi Guys,

Im moving into a new apartment. The place is completely new and no one has lived in it before hand. the apartment is fully furnished, but there is no pots pans & cutlery etc. My question is should I insist on these being provided?.I have not signed the lease as of yet?
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13-01-2011, 09:45   #88
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Originally Posted by shonty View Post
Hi Guys,

Im moving into a new apartment. The place is completely new and no one has lived in it before hand. the apartment is fully furnished, but there is no pots pans & cutlery etc. My question is should I insist on these being provided?.I have not signed the lease as of yet?
Unless you agreed it before moving in, i don't think so. You can pick up a cheap set in Ikea or Argos probably. They might get them for you, but I don't think they're obliged to
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13-01-2011, 12:34   #89
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Better getting your own stuff as you don't want some second-hand battered rubbish from a previous tenant or whatever the cheapest new crap the landlord could find
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13-01-2011, 17:30   #90
 
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advice signing lease

anyone give me any advice on signing a one year lease fro an apartment..as far as i know there is no clause in the contract..any advice would be great..thanks
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