# Tenant leaving without giving much notice



## SCA911 (1 Jun 2017)

Hi 
Just wondering what our position is on the following.  Our tenants of 10 months has told us they want to move out next week. They have not given us much notice which I find very frustrating. Am I required to return deposit as we are now going to be without as a result of this. Advice appreciated. Thanks


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## vandriver (1 Jun 2017)

Have they offered to find a replacement tenant ?


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## elcato (1 Jun 2017)

Tell him he must give a months notice but if you find another tenant within the timeframe you will partially return some of his deposit. Then just don't return the deposit.


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## SCA911 (1 Jun 2017)

Vandriver: they have suggested a "friend" who is interested in the house but we generally vett our potential tenants very carefully and I don't particularly like the idea of being steered in any direction by others. I reckon we'll be out a months rent minimum by the time we get someone new in.


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## Thirsty (1 Jun 2017)

Use the opportunity to do renovations and then make sure you are renting for the full market rent.


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## Moon light (1 Jun 2017)

Hi, don't trust a current tenant saying they have a friend, this so called "friend" that I let move in now has my property in an absolute mess,
You will find someone fairly quickly, just vet everyone carefully,


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## vandriver (1 Jun 2017)

https://www.threshold.ie/advice/ending-a-tenancy/getting-someone-to-replace-you/


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## vandriver (1 Jun 2017)

Thirsty said:


> Use the opportunity to do renovations and then make sure you are renting for the full market rent.


If the property is in a RPZ,then a few days is all the property would be empty.


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## jim (1 Jun 2017)

just return half the deposit (might as well be half sound) and then get hunting for new tenant.


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## newirishman (1 Jun 2017)

What does the contract say? is it a one-year fixed contract, and the tenant is leaving 6 weeks early?


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## Sarenco (1 Jun 2017)

wab0607 said:


> Am I required to return deposit as we are now going to be without as a result of this



You are entitled to retain all or a proportion of the deposit to cover any unpaid rent - including any rent that would have been payable to you up to the end of the notice period that should have been given to you.

You are also entitled to retain all or a proportion of the deposit to cover any damage to the property over and above normal wear and tear so make sure you examine the property carefully before the tenant actually leaves.

You are obviously under no obligation to let the property to anybody introduced to you by your tenant.


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## Sarenco (1 Jun 2017)

Thirsty said:


> Use the opportunity to do renovations and then make sure you are renting for the full market rent.



Well, the renovations have to be "substantial" to fall within the rent control exemptions.


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## jjm (1 Jun 2017)

Have you ask why Tenant is leaving early if they have a good reason for giving you so short of notice it may be in your interest to accommodate them if both of you can come to an agreement without falling out .You may be able to increase  rent if you were not already getting market rate .


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## Leper (2 Jun 2017)

On Face Value:- You'll be down one month's rent. It is likely that you will have to make some renovations/improvements/repair. Use the vacant time. You already received the bones of a year's rent from them. 

My Advice:- Take it on the chin. You retain goodwill. You are fortunate that the property will be vacant only for a month. And there's the chance your tenants need the money more than you. If they do, you probably will feel a bit better rather than being stressed.


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## SqueezedMiddle (2 Jun 2017)

Don't forget to mention this when any new landlord is calling you about a reference for you tenant in future.
Also make sure that you get references from at least three previous landlords when vetting tenants in future.
Pay particular attention to the word of the ones before the current landlord as he may be happy to get rid of them and lie.  But he won't lie anymore once they are gone.  That's why the second and third last landlords are essential to vetting.


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## Leper (2 Jun 2017)

SqueezedMiddle said:


> Don't forget to mention this when any new landlord is calling you about a reference for you tenant in future.
> Also make sure that you get references from at least three previous landlords when vetting tenants in future.
> Pay particular attention to the word of the ones before the current landlord as he may be happy to get rid of them and lie.  But he won't lie anymore once they are gone.  That's why the second and third last landlords are essential to vetting.



Great if you are renting in the Dublin or Greater Dublin area.  But, those of us outside the Pale who rent out property are doing so most likely after a vacancy of years not weeks. Essential vetting an almost unknown landlord luxury a few miles from Dublin.


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## SCA911 (15 Aug 2017)

Update:  So we retained the full deposit on the following grounds -

The tenant gave us 10 days notice by text instead of the 35 days notice required in writing.  We decided to allow for the 10 days by text and calculated that the remaining lack of notice equated to 72% of the deposit.  We found after vacating that the tenant had damaged the bath and continued to use the shower over the bath which resulted in significant water damage to the floor underneath and potential damage to the ceiling below adjacent to the electrical fuse box. We replaced the bath and the floor beneath.  The tenant also left a significant gash in the wooden flooring downstairs and lost some window keys.  All in, the repairs and 72% above resulted in the costs exceeding the deposit by approx €750.  We wrote to the tenant 5 days after vacating informing them of this complete with breakdown of deductions.  

Roll on 6 weeks and we receive a call from RTB that tenant has made a complaint and looked for an adjudication hearing.  We submitted 47 page document outlining our position, complete with receipts, history of the property, pictures, extracts from RTB and Threshold website and RTA and the letter sent to the tenants explaining reason for retaining deposit.  The tenant submitted photocopies of screenshot text messages and a 2 page rant about how unfair we were being.  On the day of the hearing the adjudicator listened to both sides and asked some questions.  It seems that Threshold had advised the tenants that as they had recommended somebody else to take over the tenancy they could walk without giving notice, perhaps the tenant misunderstood what Threshold were saying, who knows.  It's been over a week since the hearing and we still have not heard anything.  Will update further when we get a response from RTB.  My only concern at this stage is that the RTB will go against us as I have heard they can be pro-tenant but surely their decision has to be based on a point of law.  Also wondered do RTB ever get pi**ed off when Threshold give inaccurate advice and encourage tenants to lodge a complaint when there are no grounds.


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## jjm (15 Aug 2017)

elcato said:


> Tell him he must give a months notice but if you find another tenant within the timeframe you will partially return some of his deposit. Then just don't return the deposit.


In Busness if you give your word you should honor it ,OP  don't  offer some of the deposit back if you don't intend to do so.

Sorry thought this was a new post did not look at date .So you were honoring your word just hope RTB dont lump you in with the people who do not honor there word,


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## SCA911 (15 Aug 2017)

Interestingly during the hearing the adjudicator suggested that if we wanted to make an offer to the tenants to prevent names being published on the website it could be considered. We stated that we had no issue with names on the website following an order as we had made our decision on what we believed to be the obligations of both tenant and landlord however we made an offer of €100 to resolve it there and then as a goodwill gesture.  Have to say this went against my better judgement.  Didn't matter as tenant refused it.  The tenant then asked if they could make a counter offer and requested half the deposit back to which we refused.


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## cremeegg (15 Aug 2017)

wab0607 said:


> We submitted 47 page document outlining our position,



Wow!

Do please keep us updated.


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## Gordon Gekko (16 Aug 2017)

It is extraordinary how pro-tenant this country is.

If you lose this, we may all throw the towel in...


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## Firefly (16 Aug 2017)

Gordon Gekko said:


> It is extraordinary how pro-tenant this country is.



Is it any wonder why landlords are leaving the market?
Is is any wonder we have so many lettings on Airbnb?
Is it any wonder we have so many "empties"?


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## SCA911 (22 Aug 2017)

Update on rtb hearing:

Well, got the findings of the rtb this morning and thankfully they have found in our favour and stated that we were entitled to retain the deposit in full as a result of insufficient notice and damage above normal wear and tear. 

It pays to do everything by the book and record everything.


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## Sarenco (22 Aug 2017)

Congratulations and thanks for the updates.


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## MrEarl (22 Aug 2017)

wab0607 said:


> Update on rtb hearing:
> 
> Well, got the findings of the rtb this morning and thankfully they have found in our favour and stated that we were entitled to retain the deposit in full as a result of insufficient notice and damage above normal wear and tear.
> 
> It pays to do everything by the book and record everything.



Well done !

You were 100% correct to hold your ground here.

Out of interest, what next for the remaining monies due for damage to your property ?

Is the small claims court an option for you (I don't know btw, just wondering  ?

Everyone needs to be reasonable in this life and if your tenants had come to you having lost their jobs, having to return to live with parents etc. then you'd probably have considered helping them out - but likewise, they had a duty to look after your property etc. and did not so don't be too kind is my view.


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## Montbretia (22 Aug 2017)

Well done wab0607!

By the way, what area of the country is the house in?


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