Termination of Verbal Lease, Non Registered PRTB Property

deeno1975

Looking for advice on terminating a verbal lease on a Non Registered PRTB Property.

The situation is this, I rented out a property that I own and have moved in with my boy friend. The lease was a verbal lease for 6 months with 1 month deposit. My situation has now changed and after 5 months of commencing, I want to terminate the lease as my sister is now moving in. I sent them a registered letter stating that I was giving them 28 days notice.
The tenants are saying that the lease was for 1 year and have contacted a solicitor who has contacted me saying that I have no right to terminate the lease. I am not registered with the PTRB (much to my regret right now:() and the solicitor is saying that I have no right now to redress to the PTRB and that I need a court order to remove them from the property.

Just wondering a few things…
1. Is this lease covered under part 4 of the Residential Tenancies Act 2004 (event though it is verbal and I’m not registered with the PRTB) which states that if you have been leasing for less that 6 months that you are entitled to a 28 days notice?


2. Can a property be retro registered on the PRTB site and can I then have redress to a resolution from them?


3. Should I go down the solicitor route with great expense and have one winner (the solicitors)?


My gut feel is telling me that the solicitor is looking for a day out and a few quid regardless.


Thanking you for your advice.

Ste.phen

deeno1975 wrote: »

The tenants are saying that the lease was for 1 year and have contacted a solicitor who has contacted me saying that I have no right to terminate the lease.

I think it would be up to them to prove this, but i'm not sure

I am not registered with the PTRB (much to my regret right now:() and the solicitor is saying that I have no right now to redress to the PTRB and that I need a court order to remove them from the property.

If that's THEIR solicitor, i'd pay no heed until you've checked out the PRTB situation yourself. Even if you have no right to go to the PRTB now, they MUST go to them before involving the courts. This makes me think the solicitor is a friend of the tenants or something.

1. Is this lease covered under part 4 of the Residential Tenancies Act 2004 (event though it is verbal and I’m not registered with the PRTB) which states that if you have been leasing for less that 6 months that you are entitled to a 28 days notice?

I believe yes; that without a lease giving extra rights or responsibilities, the RTA2004 provisions apply (and as you say, <6 months = 28 days)

2. Can a property be retro registered on the PRTB site and can I then have redress to a resolution from them?

I believe yes, but the registration fee is increased because you waited so long

3. Should I go down the solicitor route with great expense and have one winner (the solicitors)?

If you want them out, and PRTB won't deal with you, you may need to, but i'd exhaust the PRTB process first before paying a solicitor.

Faolchu

dont know the exact legislation but isnt there something along the lines of if you or a family member require the property to live in then you can end the lease?



Found it section 10 D

(d) You require the property for yourself or for a family member.

Treehouse72

deeno1975 wrote: »

My gut feel is telling me that the solicitor is looking for a day out and a few quid regardless.

And my gut feeling is that you've been caught out being naughty and have limited moral right to question other people's motives.

not even wrong

Faolchu wrote: »

dont know the exact legislation but isnt there something along the lines of if you or a family member require the property to live in then you can end the lease?

Found it section 10 D

No, those grounds for termination apply to a "Part 4" tenancy only, you cannot use them as an excuse to end a fixed-term lease early. The article is wrong, read the law itself.

As regards the law itself, it seems to be a case of your word versus theirs which means as you've already done yourself no favours by neglecting your legal obligation to register the tenancy, you will most likely lose.

Register with the PRTB, draw up a proper written lease for the remainder of the year, and chalk it up to experience. At the end of the year you can terminate their Part 4 tenancy if your sister is moving in.

Ciara22

If there was no lease drawn up then how can it be a fixed term lease?

A verbal agreement is still binding and it will be deemed as a month to month tenancy. A tenancy is only a 'Part 4 Tenancy' if the tenants have been there for over 6 months. A landlord can move back into the property if he / she requires to live in it, regardless of whether it is month to month, Part 4 or a fixed term agreement.

You can register now with the PRTB however it will cost you €180 and at the end of the day, they have no power to make the tenants move out even if they find that you are in the right. Also, most solicitors will take your money without giving you the correct advice as there are only a few that specialise in landlord tenant law.

I suggest you read up on the Residential Tenancies Act 2004, send the tenants a letter highlighting the parts of the Act that prove the above and hope they move out.

Milk & Honey

The tenancy can be late registered. A valid notice to terminate must be served. I very much doubt if the letter you sent would be found to be valid as a termination notice. They are notoriously difficult to get right. The PRTB can make a determination that the tenants leave. If they refuse you have to get the Court to enforce the PRTB order.
There is no short cut.

spockety

You're an amateur who got caught out while playing a serious game.

Verbal lease? No PRTB registration? Dodgy.