Terminating a tenancy with incomplete lease agreement

hartem

Hi all,
I'm a landlord, and in a situation where I want to terminate a tenancy. But there are one or two issues I am unsure of.

My situation:

* There are three tenants renting the house. One has been there for over 4 years, the others for just over 1 year each.

* The lease is not completely filled out. Worryingly, clause 5(b), which should specify the number of days after rent becomes due, that the tenants are considered to have breached the contract.

* As of January, they are behind €1395 on rent.

* A family member wants to occupty the premises


I dug up the following info from http://oasis.gov.ie:


Terminating a tenancy

Your landlord must always give you notice when asking you to leave. (Read more under 'Notice periods' and 'Notice of termination', below.) Landlords can ask tenants to leave without giving a reason during the first six months of a tenancy. Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:

* After 3 and ½ years.
* If the tenant does not comply with the obligations of the tenancy.
* If the property is no longer suited to the tenants' needs (e.g. overcrowded).
* If the landlord needs the property for him/herself or for an immediate family member.
* If the landlord intends to sell the property.
* If the landlord intends to refurbish the property.
* If the landlord plans to change the business use of the property (e.g. turn it into offices).

Notice periods

The length of notice depends on the length of the tenancy.
Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to a year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)

Landlords can give less notice if the tenants are not keeping their obligations (28 days) or if there is serious anti-social behaviour (7 days). Anti-social behaviour includes violence, threats or intimidation as well as any persistent behaviour that interferes with neighbours.
Landlords and tenants can agree shorter notice periods but they can only do so at the time they decide to terminate the tenancy. It is illegal to agree a shorter notice period at the start of the tenancy. Landlords and tenants can also agree longer notice periods but the maximum is 70 days when the tenancy has lasted less than six months.




The question is:

What is the minimum amount of notice necessary to terminate this tenancy?

As the tenants are behind on rent, are they considered to have breached the contract, even with clause 5(b) not being complete?

Does the tenant who has been there for over 4 years have any extra rights?


Any clarification of these matters would be really great.

Thanks

Martin.




Clause 5(b)
It is hereby agreed between the Landlord and Tenant that in the event of the rent reserved or any part thereof being in arrears for _____ after becoming due (whether formally demanded or not) or if there be a breach or non-performance or non-observance by the Tenant of any of the said covenants hereinbefore contained or if the Tenant shall become bankrupt or make any arrangement or composition with his Creditors or shall suffer execution to be levied on the premises the Landlord shall be entitled to determine the tenancy hereby created by serving on the Tenant notice in writing expiring on any day whereupon the tenancy shall determine without prejudice to any claim which the Landlord may have against the Tenant in respect of any breach of the Tenants covenants or stipulations herein contained.


Copy of the entire lease agreement
http://www.njbutler.ie/LettingAgreement.doc

Victor

If it is blank, then the default would be zero. However, I think there 14 day stipulation in the act. I suspect you are entitled to serve notice of your 28 days.

I would suggest you contact a solicitor and/or the PRTB www.prtb.ie