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leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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I am the landlord of a residential house in Northern Ireland.

Customer Question

I am the landlord of a residential house in Northern Ireland. My tenants lease expired 25th June and he did not want to sign a new lease, and requested to stay in the property until 8th July and his rent was paid in advance until the 1st July so he offered to pay the extra weeks Rent. However I told him that this was not possible because I would be abroad on the 8th July and he would have to vacate the property on the 25th June! I also told him that I would refund him the weeks rent that was paid in advance. Now however the lease clearly shows that he should have given me 4 weeks written notice of vacating my house, he only informed on 14th June, Am I within my rights to withhold his weeks rent in lieu of his not giving me 4 weeks notice
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Yes. The lease is a contract and both parties are bound by the terms of it. This means it sets out the rights and responsibilities of both parties and what they should or should not do.

Clearly in this case there is a 4 week notice requirement. So normally I would say yes, you can withhold it because your tenant has failed to comply with the notice period and to be honest you could seek rent up until 14th July.

However the problem is, I assume you accepted he was leaving. If this went to Court a Judge may consider that by accepting the notice and that he was leaving (now on 25th June) you waived your right to the additional rent.

If your rent requests his weeks rent you could refuse and see what happens. Your tenant may decide to take it to a small claim and because of what I have said above you may lose.

Therefore it is a commercial matter for you. Usually I would say yes because of the notice period in the lease. Your only difficulty is whether not or by accepting the notice you waived this.

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.

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