End of Tenancy Notice

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virgo08

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Our tenant has come to the end of his one year lease. He gave me one weeks notice by text he was leaving and now i am left trying to find a tenant. Am i obliged to return his deposit?
 
Hi Virgo08,

This is a guideline from the Prtb website regarding deemed termination of tenancies.
[broken link removed]
Hope it is assistance in your decision.
Let me ask a question what do you think would happen if the roles were reversed and you gave your tenant 1 weeks notice ?
Irish LL have a good notice you could use in the future that I recently found.
http://www.irishlandlord.com/documents/Managing Tenants/End of lease reminder.pdf
 
You'll have to follow the links for the legal position but my advice as a long time landlord, if your tenant's stayed the one year as agreed and has been a good tenant then for the sake of goodwill I'd give back the deposit. But I'm a goes around comes around type of landlord.
 
Agree with Bronte on this as this is the way I operate and generally has worked well for me. A bit of goodwill does no harm.
 
Yes I would also agree. I would give my tenant the full deposit, back once the house is in order. I find most tenants don't bother to read the lease, and would be totally unaware of the requirement to let the landlord know. I'll always give them a ring or sent a text 5weeks before the end of a lease.
 
virgo08 said:
Our tenant has come to the end of his one year lease. He gave me one weeks notice by text he was leaving and now i am left trying to find a tenant. Am i obliged to return his deposit?
Click to expand...
When a fixed term lease ends, it is terminated. Thus, a tenant does not have to give notice of leaving at the end of a fixed term agreement. He only needs to advise a landlord between 3 months and one moth prior to its expiry if he intends to remain in the property which he may do by rights gained after 6 months in the property.

However, even if he does not advise a landlord that he wishes to remain, he does not lose that right but may have to refund the landlord for any expenses the landlord incurred in not informing him.

IMHO, a good landlord would check with his tenant some six weeks prior to the end of the contract if the tenant intends to leave or remain at the end of the tenancy.

I am of course assuming that you are not living in the same property and renting a room to the occupier.
 
If the tenant was generally a good tenant I would return deposit also and the house is given back in good order, I have many tenants break leases for various reason eg relationship break up, new employment elsewhere etc and have never refused deposit refunds. But I have always wondered what would happen if roles were reversed.

We used to have a saying when I played sport in my younger days that you were only as good as your last game and I have learned through the years that a tenant is only as good as his last months rent no matter what lease you have with them.
After being involved in recent stressfull situation with a tenant I wont be complaining again in the future about miniscual issues.

If a tenant leaves with rent paid up todate and the house is not trashed consider yourself lucky !!
 
You can not retain the deposit as your tenant was not legally required to give notice as the fixed term lease came to its end. You should get familiar with the Residential Tenancies Act 2004.
 
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