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Landlord terminating tenancy agreement when tenant hasn't yet signed lease

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  • 26-08-2011 5:42pm
    #1
    Branoic
    Registered Users Posts: 1,742 ✭✭✭


    My mother in law owns a house which she rented out to a woman a couple of months ago. She let the woman move in with verbal agreement. Since then its been extremely difficult to get rent off the woman (she's recently split up with her husband, has two teenage daughters, money is scarce etc etc). Every month there's something else. She's been in the place about 5 months now and has probably only paid 2 months worth of rent.

    The tenancy has been registered with the PRTB, and the tenant has been given a lease to sign but has not yet signed it (again with various excuses).

    I'm aware of the procedure for demanding payment of rent and termination of tenancy (14 days notice to pay rent, followed by notice of termination of 28 days) but I'm wondering does the fact that the tenant hasn't actually signed the tenancy agreement alter this, or is the procedure still the same regardless, as its laid out in the 2004 act?


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    #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Ignore 'signed'/'unsigned' point; even an oral Letting Agreement can be valid.
    The question is whether L and T have entered into a binding contract. Are there the three basic requirements present? They comprise:
    1. Offer.
    2. Acceptance.
    3. Intention to create legal relationship- usually evidenced by contractual consideration passing (i.e. money paid over)

    You don't necessarily need to sign a contract to be bound by it. All you need to do is accept it; it is the acceptance that is the essential step. And in this case, the tenant has accepted by paying rent.

    The tenancy has been registered with the PRTB, and the tenant has been given a lease to sign but has not yet signed it (again with various excuses).
    You don't say what type of lease - Fixed Term, Periodic or Part 4.

    I would send her ASAP a 14 day Notice of Rent Arrears and make sure that it complies fully with all the requirements (a sample is on the PRTB site).


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    #3
    Branoic
    Registered Users Posts: 1,742 ✭✭✭Branoic


    Thanks, that's very helpful.


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    #4
    Victor
    Registered Users Posts: 78,399 ✭✭✭✭Victor


    odds_on wrote: »
    I would send her ASAP a 14 day Notice of Rent Arrears and make sure that it complies fully with all the requirements (a sample is on the PRTB site).

    As the tenant has been there less than 6 months, also consider whether she should be asked to leave (yes, this has implications for her).


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