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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13232
Experience:  Barrister 17 years experience
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I would like to leave my flat and move in to new one. I had

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Hi, I would like to leave my flat and move in to new one. I had signed a contract in 2015 for a fixed term of 1 year and we have not renewed it since then for last 4 years after the fixed term ended. Currently my landlord insists on a 84 day notice pereiod however in my contract it only says 4 weeks. Overall, I don't have a fixed term for last 4 years. My contract I assume is now a periodic contract, do I still need to give a notice of 84 days?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have given my notice period to my landlord in written format via email and sms text both.
JA: Where is the flat located?
Customer: Dublin 4, Ireland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that's all probably

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 1 year ago.
Hello there, sure

1. The first thing you need to realise is that your original letting contract continued to apply to your legal relations with your landlord even after the fixed term ended in 2016. So, as this original agreement still applies, the notice period is still four weeks, which is what is specified in the contract. So, you need to make this point of the landlord and ensure he hands you back your deposit when your notice period ends at the end of the four week notice period. If your landlord does not agree to this course, then you should immediately open a complaint with the Residential Tenancies Boards at about the behaviour of the landlord in seeking an extra 56 days notice period. The fee for starting a complaint is €40 but you can ensure you get back your deposit this way, as the Residential Tenancies Board will be able to sanction your landlord if the landlord insists upon breaking the law.

2. So, what I would suggest is that your formally write to the landlord and state that you have received legal advice about the position and set out the legal position that the original four weeks notice period in the contract continues to apply. Inform the landlord that if he is not amenable to this four week notice period, you will open a complaint procedure with the Residential Tenancies Board to settle the issue, but that you expect the return of your deposit after the four weeks notice period.

Customer: replied 1 year ago.
there is no extra binding regulation as stated in websites like citizen information, stating after 4 years its 84 days?

3. Thank you for using the website. If you require further clarification, I will be happy to help. There is no extra binding regulation applicable here because the terms of the original letting agreement in your contract continues to apply to your relationship.

4. The citizens information website is setting out the position if there was no agreement between you. However, in your situation, as I have pointed out to you, the original terms of the Letting Agreement contained in the contract continue to apply to you.

Customer: replied 1 year ago.
Thanks so much

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6. You are welcome. Best wishes.

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