No notice period given by tenant

[zxcvbnm]

I let out a 2 bed apt. I did up a lease at the beginning but over the years different people moved in and out at various times such as the original lease was signed by 2 entirely different people than those that currently reside there. So I have no signed lease with the current tenants.*

Got a mail during the week saying one of them had actually vacated the apartment the previous week. They are now looking for their deposit.*
Obviously standard behaviour is you give a months notice. ( I only found out a week AFTER she left).*

Obviously if I had appropriate notice I normally put an ad up a month ago for viewings ( i normally request viewings to take place while the tenant is still there as is common in most lease agreements).
That way I would have had a very little void period if any. Instead I am only advertising it now facing into probably another 3 weeks void which is a month in total.*
Naturally I am reluctant to refund deposit on account of this.*

Where do I stand *legally re deposit. Does the fact there is no signed agreement affect my position ?

 

[facetious]

I give the following information not knowing the full facts of the lease types and terms and conditions of same. There are many differences between a fixed term lease, Part 4 lease and a Periodic lease as well as if a property is leased as a single unit or to individuals who have their own and individual lease for a bedroom and shared facilities.

I let out a 2 bed apt. I did up a lease at the beginning but over the years different people moved in and out at various times such as the original lease was signed by 2 entirely different people than those that currently reside there. So I have no signed lease with the current tenants.*

Thus, the tenants have a Part 4 tenancy agreement, and are covered by the Residential Tenancies Act 2004. If the previous tenants who moved out, have assigned their part of the lease (deed of assignment required as proof) then the current tenants are on the same lease. However, if you took on the new tenants without any mention of the original lease, then they have a new lease (and therefore a new registration with the PRTB is required. That is, if the apartment is rented out as a single unit and not rented out as a single bedroom with shared facilities where each tenant has their own agreement with you).

Got a mail during the week saying one of them had actually vacated the apartment the previous week. They are now looking for their deposit.*
Obviously standard behaviour is you give a months notice. ( I only found out a week AFTER she left).*

If you had had a fixed term lease there is no month's notice, a fixed term lease is for the stated term of the fixed lease. However, as it appears to be a Part 4 tenancy, the notice period is set out in the RTA 2004 and depends on how long the tenant has been in occupation (less than six months - 28 days; 6 months to 1 year - 35 days; 1 year but less than 2 years - 42 days and more than 2 years 56 days)

Obviously if I had appropriate notice I normally put an ad up a month ago for viewings ( i normally request viewings to take place while the tenant is still there as is common in most lease agreements).
That way I would have had a very little void period if any. Instead I am only advertising it now facing into probably another 3 weeks void which is a month in total.*

You may request viewings but the tenant is absolutely at liberty to refuse any as it is breaching their "peaceful enjoyment" of the property. However, a good tenant will usually allow a good landlord to have viewings once or twice a week, at times that suits the tenant and with prior appoint.

Naturally I am reluctant to refund deposit on account of this.*

Where do I stand *legally re deposit. Does the fact there is no signed agreement affect my position ?

You are entitled to keep the full deposit as the tenant is in breach of the conditions of Part 4 tenancy laws. However you are also required to mitigate any loss as quickly as possible and you should refund the tenant on a pro rata basis if you fill the vacancy within a month of the tenant vacating.

IMHO, it would seem that you are not sure of the laws pertaining to renting and I would respectfully suggest that you download a copy of the Residential Tenancies Act 2004 and read and re-read it thoroughly. It can be downloaded from the PRTB site where there are many relevant documents for viewing and downloading.

 

[zxcvbnm]

Thanks for the response. Although I think I am more confused now.

Just to clarify - the original lease was a fixed term lease - but that was signed with completely different people.
People then just left at various times and i just got someone else in to replace them. This has been going on for a couple of years now.

SO basically as each new person entered no new lease was drawn up or anything.

So effectively you have various people arriving in with nothing signed.

So my question is...legally are they allowed up and go only informing me of their departure a week AFTER they leave and still be entitled to full refund of deposit?
While I accept no legal agreement was drawn up surely the law favours normal standard renting practices? Or does it?

All she had to do was send one text last month. I dont know why she chose not to.
It was very cheeky of her to do that and still expect the remainder of her deposit back.
I will be out of pocket a months rent probably because of it so it seems unfair to me that I should be penalised when this situation could have been avoided so easily with a simple text.

Where do I stand legally is my question.

 

[facetious]

Assuming that the apartment is rented out as a single unit, the only way a tenant can exit the lease is to assign the remainder of it to another person (who you approve of after your vetting process) who then takes on all the responsibilities of the lease. When a tenant assigns a lease it is best to have them and the new tenant to sign a "Deed of Assignment" which legally fills the transfer from one tenant to another.

As your outgoing tenant has not given you written notice of termination, you may keep the deposit.

Under normal circumstances where a property is rented as a single unit, all the tenants become "jointly and severally" liable for the rent (and any other outgoings: gas, electricity etc.) so the remaining tenant/s are liable to cover for any shortfall in rent.

Obviously, where a property is rented to individuals, each tenant having his own lease for a specific bedroom and shared facilities, each tenant is only responsible for their own rent and not the rent of the other house mates. This form of renting does not require registration with the PRTB.

 

[zxcvbnm]

Yeah - but the point imam making is no lease was signed over to anybody. An initial lease was signed by completely different people.

Are you saying it is assumed the same terms of the original lease carry through to the next person - even though a lease was never mentioned by either party?

 

[Bronte]

Your original lease doesn't matter now. Each new person who rented did so without a signed lease. Hopefully you registered each of these new tenancies with the PRTB?

The tenant should not give you notice after she has moved out. She has to follow the rules. At a minimum 28 days notice. Did she pay you a deposit and when was this?

 

[facetious]

Yeah - but the point imam making is no lease was signed over to anybody. An initial lease was signed by completely different people.

Are you saying it is assumed the same terms of the original lease carry through to the next person - even though a lease was never mentioned by either party?

As I stated in my first post:

Thus, the tenants have a Part 4 tenancy agreement, and are covered by the Residential Tenancies Act 2004. If the previous tenants who moved out, have assigned their part of the lease (deed of assignment required as proof) then the current tenants are on the same lease. However, if you took on the new tenants without any mention of the original lease, then they have a new lease (and therefore a new registration with the PRTB is required. That is, if the apartment is rented out as a single unit and not rented out as a single bedroom with shared facilities where each tenant has their own agreement with you).

If no lease is signed then the tenants have all the rights pertaining to a Part 4 tenancy - and which both landlord and tenant obligations are clearly defined in the Residential Tenancies Act 2004. Download a copy and read particularly section 12, Landlord Obligations and Section 16, Tenant Obligations.

Download RTA 2004:
[broken link removed]

Where a tenant leaves and is replaced on the same lease, a Deed of Assignment is the best way to show that all the rights and obligations of a lease have been transferred from the outgoing tenant to the new incoming tenant. However, it must be said that exceptionally few landlords use a Deed of Assignment and seem to have few problems.