Landlord can't terminate lease early, right?

a_l_a_n

I have 7 weeks left on my fixed term lease but the landlords agent today served me with 4 weeks notice.

I don't see anything in the lease to permit this as I certainly have not been engaging in any anti-social behaviour, so I assume he can't do this under the RTA'04.

Can someone confirm that I have the right to stay until the agreed termination date set out in the lease please?

Thanks.

January

What reason did he give for terminating the lease?

a_l_a_n

adrieanne__x wrote: »

What reason did he give for terminating the lease?

Does it matter? A new tenant, presumably a commercial one which will net him a much greater profit than he will derive from me or any other residential tenant.

the_syco

a_l_a_n wrote: »

Does it matter?

Yes. There legit legal reasons that he can boot you out early, so we need to know what they said, to say if you have a leg to stand on.

Victor

On the face of it, you would appear to be entitled to stay until the end of the 7 weeks. I would make the landlord aware of what was agreed in the lease and ask him about the discrepancy.

Feel free to contact www.threshold.ie

djk1000

http://www.threshold.ie/page.asp?menu=74&page=239

Some good info there, they can't just kick you out early, in fact you might have the right to stay on.

a_l_a_n

the_syco wrote: »

Yes. There legit legal reasons that he can boot you out early, so we need to know what they said, to say if you have a leg to stand on.

I have done nothing that could possibly warrant early termination. I'm certain of that. The reason the agent gave me was a new tenant (it was no secret that they were looking for someone to take up the commercial lease, but thats the reason we agreed to a short term lease so Im not happy about them trying to boot me out early).

the_syco

a_l_a_n wrote: »

I have done nothing that could possibly warrant early termination. I'm certain of that. The reason the agent gave me was a new tenant (it was no secret that they were looking for someone to take up the commercial lease, but thats the reason we agreed to a short term lease so Im not happy about them trying to boot me out early).

Apart from family moving in, stick to your guns. Also, did the new tenant view the place yet? Ask the landlord, and see did he take the tenant on a tour around your place?

a_l_a_n

the_syco wrote: »

Apart from family moving in, stick to your guns. Also, did the new tenant view the place yet? Ask the landlord, and see did he take the tenant on a tour around your place?

Thanks all. Was pretty certain he couldnt do this already but this is reassuring.

Re the viewing, I've been wondering about that. I have been informed about 2 viewings since I moved in 4 months ago, but the last I know of was about 2 months ago, so this news seems a bit out of the blue to me.

the_syco

a_l_a_n wrote: »

Re the viewing, I've been wondering about that. I have been informed about 2 viewings since I moved in 4 months ago, but the last I know of was about 2 months ago, so this news seems a bit out of the blue to me.

When you pay rent, and the landlord doesn't live there, pretty sure the law is that the landlord coming in uninvited is trespass. Someone else can clarify that, though.

Victor

the_syco wrote: »

When you pay rent, and the landlord doesn't live there, pretty sure the law is that the landlord coming in uninvited is trespass. Someone else can clarify that, though.

Correct. Short of water flooding out under the front door or the place being on fire.

goat2

a_l_a_n wrote: »

I have 7 weeks left on my fixed term lease but the landlords agent today served me with 4 weeks notice.

I don't see anything in the lease to permit this as I certainly have not been engaging in any anti-social behaviour, so I assume he can't do this under the RTA'04.

Can someone confirm that I have the right to stay until the agreed termination date set out in the lease please?

Thanks.

my understanding is
if he give the months notice he is okay, as even in agreeing in a term either of the two parties can terminate it with one months notice

goat2

alan you only moved in 4 months ago, then and there he she is within their rights to give one months notice, actually when you are in there that short a time they could have given a fortnites notice, but make shure you get deposit back.
also they would have to forewarn you if they were to enter premises, cannot walk in willy nilly anytime they like or as often as they like with informing you

Victor

goat2 wrote: »

my understanding is
if he give the months notice he is okay, as even in agreeing in a term either of the two parties can terminate it with one months notice

Most people would disagree - a fixed term is a fixed term.

Oh, would you like the landlord to buy you out of your lease?

MazG

From http://www.citizensinformation.ie/categories/housing/renting-a-home/if-your-landlord-wants-you-to-leave :

*******
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).

The length of notice depends on the length of the tenancy.
Length of tenancy Notice by landlordLess 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 12 weeks (From September 2008, 16 weeks (112 days))
*******

So it looks like the OPs landlord is within his rights to give 4 week's notice as the tenancy has been less than 6 months. I agree, however that it is pretty harsh of him to mess your plans up for the sake of holding the new tenant off for 3 more weeks.

goat2

MazG wrote: »

From http://www.citizensinformation.ie/categories/housing/renting-a-home/if-your-landlord-wants-you-to-leave :

*******

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).

The length of notice depends on the length of the tenancy.
Length of tenancy Notice by landlordLess 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 12 weeks (From September 2008, 16 weeks (112 days))
*******

So it looks like the OPs landlord is within his rights to give 4 week's notice as the tenancy has been less than 6 months. I agree, however that it is pretty harsh of him to mess your plans up for the sake of holding the new tenant off for 3 more weeks.

yes
he is not breaking law,

wench

MazG wrote: »

So it looks like the OPs landlord is within his rights to give 4 week's notice as the tenancy has been less than 6 months. I agree, however that it is pretty harsh of him to mess your plans up for the sake of holding the new tenant off for 3 more weeks.

The OP has a fixed term lease. Therefore the provisions you quote (ie Section 34 as refered to below) do not apply.
From the PRTB

A landlord can only terminate a fixed term tenancy where there the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term.

http://www.prtb.ie/DownloadDocs/Termination%20of%20FT.pdf

antoinolachtnai

Just don't move out until the end of the lease. Keep paying the rent. There's nothing he can do about it. By the sounds of it he hasn't given you proper notice. However, you should speak to threshold or a solicitor about this.

Victor

antoinolachtnai wrote: »

Just don't move out until the end of the lease. Keep paying the rent. There's nothing he can do about it. By the sounds of it he hasn't given you proper notice. However, you should speak to threshold or a solicitor about this.

It would be useful to repudiate the notice.

antoinolachtnai

You mean write and tell them you don't like their form of notice? You can if you want but what's the point?

Ste.phen

Well, more importantly, you give them formal notification that you consider their notice invalid, and outline your reasons, it'll be useful if/when it gets to PRTB stage, especially if they continue to insist on terminating the lease

antoinolachtnai

The notice is either invalid or it isn't and the tribunal will determine one way or the other. Your letter won't come into it. They will just serve notice again if you write the letter and their second effort will be better than their first.

The_Conductor

In addition- the original fixed term lease would have long elapsed, before it ever got to Tribunal......

OP- read the lease that you signed very carefully- the 2004 Residential Tenancies Act is superceded by any terms that you may have signed in the fixed term lease. The fixed term lease is a legally binding agreement between you and the landlord- normally in cases like this, as Victor has alluded to- a landlord might agree a small remuneration to buy out the remainder of a lease if they wish to terminate it early. Don't get excited however- in a residential context it might equate to 1-2 days rebate per month of lease outstanding (feel free to bargain to your hearts content- but don't expect miracles).

S.

Victor

antoinolachtnai wrote: »

The notice is either invalid or it isn't

Sure, but there is there ever so slight possibility that the OP is wrong, having the landlord explain how he is wrong (if this is so) would be useful.

It would save a lot of hassle.

goat2

antoinolachtnai wrote: »

The notice is either invalid or it isn't and the tribunal will determine one way or the other. Your letter won't come into it. They will just serve notice again if you write the letter and their second effort will be better than their first.

take it from me, the notice is valid, no buts or bats about it,

so now look for a place with a landlord who knows what he wants, and more importantly a place you will be able to stay long term, after all the term you had fixed with this one is very small

just go on
dont be wasting your time, energy and money bothering with this landlord as it will cost you and in the end you will find out he did not break the law. you do not need the headaches that come with those things

antoinolachtnai

But the OP has a fixed term lease!

How would it cost The OP?

goat2

antoinolachtnai wrote: »

But the OP has a fixed term lease!

How would it cost The OP?

once he got one months notice,
also if he was the one who wanted to break the lease he would have had to give one months notice also, as he would get back his deposit, that is the way it is. that was always the way it was

also there are now houses going a dime a dozen for rent, fine places that were on the market but are not selling and will not be selling as there are no buyers out there, due to this crashing economy we not have to bear

Ste.phen

goat2 wrote: »

once he got one months notice,
also if he was the one who wanted to break the lease he would have had to give one months notice also, as he would get back his deposit, that is the way it is. that was always the way it was

A fixed term lease (e.g 1 year) is SPECIFICALLY designed to stop that from happening, it gives the landlord peace of mind that there'll be rent for a year, and gives the tenant security of tenure for a year, I don't see anything in this thread that suggests otherwise

billybigunz

goat2 wrote: »

take it from me, the notice is valid, no buts or bats about it,

so now look for a place with a landlord who knows what he wants, and more importantly a place you will be able to stay long term, after all the term you had fixed with this one is very small

just go on
dont be wasting your time, energy and money bothering with this landlord as it will cost you and in the end you will find out he did not break the law. you do not need the headaches that come with those things

WHy bother give advice if you don't know what you are talking about. He broke a fixed term lease.

a_l_a_n

Threshold say that the lease cannot be broken early in this circumstance. A cursory reading of the RTA clearly confirms it. And there are no special provisions for this in the lease.

I replied to the notice citing the relevant paragraph. That was a week ago and I have had no response yet.

I think I had better start buying canned goods and preparing for a 3 week siege

Thanks all.

Ste.phen

On the plus side, if you do get turfed out, despite all the hassle that will cause, there'll be a nice payout at the end of it which should just about compensate you for the hassle