Terminating tenancy agreement + entitlement of deposit

N

n00dle

Registered User
Messages
12
Hello,
I am requesting information abount entitlement of deposit. I, the landlord, served notice to my tenants (42 days as > 1yr) as I'm moving back into my property end of Jan. They were due to pay one months rent 1st Jan but emailed me last night to say they are leaving TODAY. Are they entitled to their full deposit or is it at my discretion ?
Thanks
 
It sounds like the tennants were there longer than a year. If so then wy not give them back their full deposit. It is you who terminated the agreement and in fairness if they have found somewhere new why not let them go ahead
 
Have to agree with Irish Moss. Once the initial years contract is up, the tenants are free to leave at anytime and are legally entitled to their security deposit back.

You asked them to leave, they are leaving. What more can you want?
 
Agreed. Email back to arrange an inspection of the property and state that you will refund deposit if the property is in okay condition.
 
Morally I agree they should get their deposit back if property okay and no outstanding bills. They asked for a reference 3 weeks ago and I think they knew back then they had found a place but didn't tell me. 1 days notice has now left me with 2 financial outgoings for January which I could have avoided. I think they are still obliged to give me notice or at least mutually agree a date. A compromise on deposit? Anyone know the legal position on this?
 
Don't bring grief on yourself by causing aggro. Have a look at the place, check inventory and if all is in order, including a year's W&T, return deposit. If things are not, try and reach an amicable settlement. You have a few days extra to move back in yourself.
 
Why not split the deposit 50/50 - they've left you at a loss for the entire month's rent and if you were renting the house out again, you would not have much of an opportunity to get new tenants with 1 day's notice.
 
Eithneangela said:
Why not split the deposit 50/50 - they've left you at a loss for the entire month's rent and if you were renting the house out again, you would not have much of an opportunity to get new tenants with 1 day's notice.
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OP is moving into house AFAIK and is not looking for new tenants. Give them back their deposit and don't be bitter.
 
Noodle...what do you mean by 2 financial outgoings in January... are u renting somewhere else.. can you not move in sooner?

At end of the day if they have no damage done, then you should pay back the full deposit and not casing agro as per many of the others posters comments
 
I presume this is you posting the same query on the landlord site?

http://www.irishlandlord.com/forum/showthread.php?t=910

In fairness you are the one who wanted them gone,now that they are,you want your cake as well,ie another months rent,did you ever think that they are put out in having to move from a property they had just settled into and are likely quite unimpressed with you?
Check to see if the property is in good order and give them back their deposit.
 
2 outgoings - the place I'm living in today and the new place. If I had known tenants were leaving earlier than the planned notice then I could have avoided this situation.
 
n00dle said:
2 outgoings - the place I'm living in today and the new place. If I had known tenants were leaving earlier than the planned notice then I could have avoided this situation.
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Doesn't really work that way I'm afraid, the tenants are under no obligations to suit you once you've given them the heave-ho. Think of it from their point of view, they need somewhere new to live and have to suit themselves, not you.
 
I would be inclined to disagree with the other posters but it does depend on the terms of the lease, and the wording of your notice letter. If you have a lease with a break clause in place, then they could still be liable for rent in Jan IMO.
 
n00dle said:
2 outgoings - the place I'm living in today and the new place. If I had known tenants were leaving earlier than the planned notice then I could have avoided this situation.
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I really think that's outrageous, it was you that gave them notice, they have found a new place, what did you expect them to do? You had good tenant's, they paid their rent and have left when you gave them notice any landlord should be happy with that.
 
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