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Thread: Terminating Tenancy Agreements

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    Terminating Tenancy Agreements

    Finding it hard to get a solid answer on this. Even citizens information are a bit hazy on it.

    I have my house rented out on a six month lease. The lad who rented it moved out a month early and claims he told me he'd be out a month early but to my recolection he told me he'd be out three weeks early. He wants his deposit back but I think i'm entitled to keep it as the last months rent he still owes me on the lease. Whatever he said it was only in passing and we made no agreement in relation to rent or the deposit.

    I'm fairly sure legaly he should have given me a months notice in writing. If this was the case it would clear up a messy situation very easily.

    Any help from legaly minded saints would be appreciated.

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    Administrator charliesboots's Avatar
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    Don't mean to sound funny but it all depends on the terms of the lease

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    No I understand. My head is wrecked trying to figure it out. Its a standard irish property owners lease and the last secion says.....

    "Any notice required to be given to the Landlord under this agreement shall be duly served if delivered by hand or sent by registered post addressed to the Landlord at the address given above, unless and until the Landlord requests that such notices shall be sent to a different address or to the Landlords agent or at an address notified to the tenant."

    Surly this implies it has to be written?

    No mention of oral notice.
    Last edited by Rathdaler; 28th June 2011 at 12:24 AM.

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    I'd say you could be okay, judging by this from the Residential Tenancies Act:
    Therefore if a tenant ends a tenancy by giving a landlord less than the required period of notice, or only verbal notice, or a written notice that does not comply with the Act, it is at the landlord's discretion whether to make a deduction from the deposit in respect of the outstanding rent appropriate to the notice period to which he/she was entitled by way of a valid Notice of Termination.
    See http://public.prtb.ie/DownloadDocs/Deposit%20Refund.pdf

    Also the details as to terminating tenancies are here - http://public.prtb.ie/DownloadDocs/T...ng_Tenancy.pdf - stating that a valid notice must be in writing and provided 28 days before vacating the property.
    Last edited by saintmaniac; 28th June 2011 at 12:43 AM.

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    I read the actual legal document and couldn't make any sense of it. Thats a much clearer version.
    He's a nice bloke in fairness to him he just thinks he's in the right. Hopefully he'll listen to reason.
    Thanks for that.

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    Administrator charliesboots's Avatar
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    Are you registered with the PRTB?

    Be careful withholding the deposit monies and specifically have a look at what circumstances they can be withheld.

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    Didn't know about them until a few months ago. I registered with them recently but this paricular lease isn't registered with them. When this tennant left I planned on registering the next lease. Is it mandatory do you know? I don't think it is.

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    Quote Originally Posted by saintmaniac View Post
    Therefore if a tenant ends a tenancy by giving a landlord less than the required period of notice, or only verbal notice, or a written notice that does not comply with the Act, it is at the landlord's discretion whether to make a deduction from the deposit in respect of the outstanding rent appropriate to the notice period to which he/she was entitled by way of a valid Notice of Termination.
    This seems to say I have the right to keep it in this situation as I received no writen notice. I never even agreed to anything verbally.

  10. #9
    robbo
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    Quote Originally Posted by Rathdaler View Post
    Didn't know about them until a few months ago. I registered with them recently but this paricular lease isn't registered with them. When this tennant left I planned on registering the next lease. Is it mandatory do you know? I don't think it is.
    ye mandatory .....and fines for not registering on time ....just be careful....over a months rent u myt be btr coming to an agreement

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    If there's any chance of a dispute, I'd highly recommend you to register. You'd be due for a late fee on this occasion, but if you're not registered, you can't take a case against the tenant - but he could take one against you. You're also legally required to register anyway. Do it online if you can, they're heavily understaffed and the processing times for paper applications are LONG!

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  14. #11
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    Met with him this evening and I was fully prepared to give back some of the deposit and come to an agreement. After we chated about it for a while and I stated my case he said fair enough and it wasn't worth falling out over. He even said he might know someone who would be interested in renting the house. Kind of felt sorry or him in the end.

    I know he could still claim against me in the future but I got the impression he wasn't bothered. Defo learned a few lessons from this. Thanks for the help folks.

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