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Is it possible to terminate a fixed term lease?

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  • 10-01-2012 10:38am
    #1
    Closed Accounts Posts: 14


    Hi there,

    Long time reader first time poster.

    I have a tenant in situ in my apartment for the past 5 months.

    I agreed in good faith a 1 year fixed term tenancy with them as I was moving to Canada for the foreseeable future.

    Unfortunately due to circumstances beyond my control I have had to move back to Ireland and I am ideally looking to move back in to my apartment.

    I was wondering would anybody on here know if I have any legal rights to terminate the lease with the tenants, I would be more than happy to give the tenants 28 or 42 days notice to give them ample time to find a suitable place.

    I would be interested to see if anybody knows of any legal grounds I have as I have a funny feeling if I just ask the tenants to move out the answer will be no as they seem to really like it there.

    From speaking to the PRTB they are leading me to believe that I am at the mercy of what the tenants decide which seems a little bit strange given the circumstances.

    Any help or advice you can shed on the matter would be greatly appreciated.

    Many thanks

    Jamie


«1

Comments

  • Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    Jamie1980 wrote: »
    Hi there,

    Long time reader first time poster.

    I have a tenant in situ in my apartment for the past 5 months.

    I agreed in good faith a 1 year fixed term tenancy with them as I was moving to Canada for the foreseeable future.

    Unfortunately due to circumstances beyond my control I have had to move back to Ireland and I am ideally looking to move back in to my apartment.

    I was wondering would anybody on here know if I have any legal rights to terminate the lease with the tenants, I would be more than happy to give the tenants 28 or 42 days notice to give them ample time to find a suitable place.

    I would be interested to see if anybody knows of any legal grounds I have as I have a funny feeling if I just ask the tenants to move out the answer will be no as they seem to really like it there.

    From speaking to the PRTB they are leading me to believe that I am at the mercy of what the tenants decide which seems a little bit strange given the circumstances.

    Any help or advice you can shed on the matter would be greatly appreciated.

    Many thanks

    Jamie

    Not really, they moved in (and have been paying you rent for the past 5 months) on the agreement and expectation that they would be there for at least one year.


  • Closed Accounts Posts: 14 Jamie1980


    Hi Motorist,

    Many thanks for your prompt response.

    When you say not really, does this imply a definitive no or is there some angle I can exploit.

    As I mentioned before I signed the contract in good faith and hadn't intended on needing the apartment back for quite some time but now basically I have to look at renting another place in town that will be substantially worse than my own place as when I deduct the "landlord" costs of running my place the net amount I receive isn't actually a whole lot and unfortunately living with the parents isn't an option as they live to far from Dublin to realistically commute

    I was hoping there might be some angle than I am the principle owner there would be some clause like that for me to get back in

    Anyway thanks for your advice

    Jamie


  • Registered Users Posts: 11,647 ✭✭✭✭El Weirdo


    Jamie1980 wrote: »
    As I mentioned before I signed the contract in good faith...
    As did your tenants.

    You can ask them, but if they disagree there isn't really much you can do about the situation except wait until the fixed term is up.


  • Registered Users Posts: 10,320 ✭✭✭✭Marcusm


    Offer them an incentive as your return presumably means you won't renew the lease at the end of the term. Sounds like they'll have to move in month 12; for cash incentive, perhaps they'll move in month 7 or 8.


  • Registered Users Posts: 1,853 ✭✭✭messrs


    Unfortunatly they signed a 1 year lease in good faith so are entitled to stay there until the year is up. You could ask them and see what they say but they are not obliged to move out.
    did you have any clause in the lease allowing you to end it early for any sort of unforseen circumstances?


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Jamie1980 wrote: »
    I was hoping there might be some angle than I am the principle owner there would be some clause like that for me to get back in
    Well, here's the thing. Even if there was such an angle that the tenants would be obliged to move out, they would still be entitled to pursue you in court for breach of your fixed term lease agreement as the lease forms a civil contract.

    Unless there are provisions in the lease for early termination, then you have no way to ask or force them to leave until the fixed term is up.

    As others have said, let your tenants know that you will not be renewing the lease when the fixed term is up and that you would be interested in moving back in as soon as you can. They may just start looking around and leave as soon as they find somewhere, or they may take a cash incentive to leave early.
    In the meantime, maybe you could see if a friend would put up with you for a few months until the lease is up.


  • Closed Accounts Posts: 14 Jamie1980


    Thank you all very much for all your advice.

    Unfortunately I didn't put in any early termination clauses as I didn't envisage this situation arising, silly me will know in future to allow for every eventuality

    As I mentioned I don't think they will move out as it is a very nice place and they seem to be really happy in there and to be honest it is under rented as I was more concerned with getting good tenants in who would look after the place as I left all my furniture etc in their so wanted somebody who would treat it like their home and not some typical renters who seem to have little regard for others property, so I don't see why they would move out just to accommodate me but maybe they are more kind and understanding than I am giving them credit for

    The only other alternative would be to frustrate them but I suppose that is very murky water to be going down with the PRTB around and I wouldn't like it done to me if I was a tenant so it really isn't a runner to be fair to them

    In terms of offering them an incentive to move out early what sort of figure would you deem fair from your experience? As obviously I want to keep it as low as possible but would be interested to hear what you guys (plural) think is reasonable as naturally enough I would probably set it to low being the landord

    Thanks

    Jamie


  • Registered Users Posts: 1,853 ✭✭✭messrs


    Jamie1980 wrote: »
    Thank you all very much for all your advice.

    Unfortunately I didn't put in any early termination clauses as I didn't envisage this situation arising, silly me will know in future to allow for every eventuality

    As I mentioned I don't think they will move out as it is a very nice place and they seem to be really happy in there and to be honest it is under rented as I was more concerned with getting good tenants in who would look after the place as I left all my furniture etc in their so wanted somebody who would treat it like their home and not some typical renters who seem to have little regard for others property, so I don't see why they would move out just to accommodate me but maybe they are more kind and understanding than I am giving them credit for

    The only other alternative would be to frustrate them but I suppose that is very murky water to be going down with the PRTB around and I wouldn't like it done to me if I was a tenant so it really isn't a runner to be fair to them

    In terms of offering them an incentive to move out early what sort of figure would you deem fair from your experience? As obviously I want to keep it as low as possible but would be interested to hear what you guys (plural) think is reasonable as naturally enough I would probably set it to low being the landord

    Thanks

    Jamie

    Hi Jamie

    I wouldnt go offering any sort of cash incentive just yet, that would be my last resort - maybe try to have a chat with them first, be open and honest with them and see how it goes, you never know, they might just be okay with it. Secondly and i know you dismissed that idea in your own post but def do not frustrate them into moving out, as you said you left all your furniture there ect and want the place to be left in good condition but if you were to make things awkard for them, then they in return could leave things awkard for you.
    Is there a spare room in your place - could you move in there and maybe live with them for the remainder of the lease?
    Do you have any mates with a empty room in their house that could put you up for a few months rather than having to go down the route of leasing a place yourself as you will prob have to sign a 1 year lease in most places. i know you said you couldnt move into your parents as its to far to commute - but have you measured the costs if you were to rent in dub for the remaining term against staying with your folks and driving to work every day - would your rent really be that much cheaper than your petrol?


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Jamie1980 wrote: »
    As I mentioned I don't think they will move out as it is a very nice place and they seem to be really happy in there and to be honest it is under rented as I was more concerned with getting good tenants in who would look after the place as I left all my furniture etc in their so wanted somebody who would treat it like their home and not some typical renters who seem to have little regard for others property, so I don't see why they would move out just to accommodate me but maybe they are more kind and understanding than I am giving them credit for
    It's not uncommon for tenants to sign up for a one-year lease to "test the water" with an apartment, so to speak. If they like the apartment, they sign up for a longer lease, if they don't, they move on without penalty.

    Particularly people from countries used to renting are expecting long leases - five, ten years or more. They don't plan to be moving apartment every two years. So if you let them know very early on that the lease will not be renewed, then most likely they will start looking around for another fixed lease elsewhere immediately. It would make no sense for them to finish out the lease if they're not going to be able to stay there. Better to move sooner and get settled elsewhere quickly.

    So I wouldn't be surprised if they offer to start looking around straight away. Since you won't be penalising them for leaving the lease early, they can move as soon as they find a suitable place. It's not about them being good people, it just makes sense.
    The only other alternative would be to frustrate them but I suppose that is very murky water to be going down with the PRTB around and I wouldn't like it done to me if I was a tenant so it really isn't a runner to be fair to them
    Just remember that the entire situation is really your problem, not theirs. So it's not right to give them grief or otherwise cause hassle for them; it's not their fault you're coming home early.
    In terms of offering them an incentive to move out early what sort of figure would you deem fair from your experience?
    As messrs says, don't offer any kind of incentive straight up, keep it as a bargaining chip if they don't feel like moving yet.

    The amount you offer would obviously be one that's logical. Work out how much it would cost you if you had to rent elsewhere while they run out the clock on the lease. So if they rent for €900 and renting elsewhere will cost you €1100/month, then over six months it will "cost" you €1200 to rent elsewhere. So this is your ceiling on what you can offer them as an incentive to move early.
    messrs wrote: »
    Is there a spare room in your place - could you move in there and maybe live with them for the remainder of the lease?
    You wouldn't be able to just move into the spare room without their consent. The lease would give them full and exclusive right to the property for the term of the lease.


  • Registered Users Posts: 1,611 ✭✭✭cgarrad


    Definitely read that a landlord wanting to move back to his own property was allowable.

    Not sure if its in this country though :rolleyes:

    Ring threshold and pretend to be the tenant ;);)


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  • Registered Users Posts: 1,853 ✭✭✭messrs


    Sorry didnt actually mean he could just move in if there was a spare room - what i meant was if there was a spare room could he ask them if he could move into it for the remaining lease. Just thought it might b a solution of sorts, he would be in his own place and the tenants would still be staying there


  • Closed Accounts Posts: 14 Jamie1980


    Hi,

    Messrs - yes I would agree about the cash incentive as being a last resort. My apartment is a two bedroom apartment and I let it under the understanding that two people would be sharing the whole place. I was quite particular on that point with the agent as although it could technically accommodate four people I wanted as few people in it as possible to keep the wear and tear to a minimum. H


  • Registered Users Posts: 1,853 ✭✭✭messrs


    Jamie1980 wrote: »
    Hi,

    Messrs - yes I would agree about the cash incentive as being a last resort. My apartment is a two bedroom apartment and I let it under the understanding that two people would be sharing the whole place. I was quite particular on that point with the agent as although it could technically accommodate four people I wanted as few people in it as possible to keep the wear and tear to a minimum. H

    so is there any possibility you could move back into the other room - split the rent and bills so at least they would be saving? Also did you make it clear it would only be a 1 year lease or were you planning on staying away longer if things had worked out for you? As previous poster said, if they know 100% percent it wont be renewed for another year they might be happy to end the lease early and look for something more long term. Also have you decided if you are going to approach them directly or wil you get your letting agent to do it?


  • Registered Users Posts: 11,647 ✭✭✭✭El Weirdo


    cgarrad wrote: »
    Definitely read that a landlord wanting to move back to his own property was allowable.
    Not when there is a fixed-term lease in place.

    If it was a Part 4 tenancy, then that would be an option.


  • Registered Users Posts: 782 ✭✭✭gibo_ie


    You need to try to work it out with the tenant unufortunately as this is a fixed term, but they are under no obligation to move (This is coming from a landlord with quite a few houses!!)

    From : http://public.prtb.ie/DownloadDocs/Termination%20of%20FT.doc

    Fixed Term Tenancies
    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. Following the expiration of the fixed term period however, if the tenant has exercised his rights under Part 4, to extend his tenure for the remainder of the Part 4 tenancy of 4 years, the landlord can from then on, rely on the provisions of Section 34.

    Similarly, a tenant can only terminate a fixed term tenancy where there the landlord has been in breach of his or her obligations. In addition however, where the landlord has refused consent to an assignment or sub-let, the tenant can also terminate the tenancy, in accordance with Section 186.


  • Closed Accounts Posts: 14 Jamie1980


    Hi,

    @ Messrs - yes I would agree about the cash incentive as being a last resort. My apartment is a two bedroom apartment and I let it under the understanding that two people would be sharing the whole place. I was quite particular on that point with the agent as although it could technically accommodate four people I wanted as few people in it as possible to keep the wear and tear to a minimum. However it transpired that a third person came along after the agreement was signed and they were only supposed to stay a couple (i.e. 2 or 3 months) according to the tenants so I agreed to that as I didn't want to be seen as unreasonable however that person is still in situ well past the agreed time as I was in the apartment yesterday (with their permission) and say all the persons belongings so it doesn't look like they are going anywhere so this could be a bargaining tool for me potentially?

    Unfortunately the folks is a non runner they live miles away I would be looking at least a 4 to 5 hour round trip each day which isn't a runner in my view

    @ seamus

    Thanks yeah I will give them a call today and just what their reaction is hopefully they will see it like you and just move on

    @ cgarrad

    I have tried that and apparently as it is a fixed term tenancy I am goosed and at the tenants mercy, I was of the same view as you in thinking that because it is your principle residence you could move back in under certain circumstances but from speaking to various people and looking around on the internet it seems that is not the case

    Anyway many thanks for everybody's help really is appreciated will give the tenants a call and see what their thought on the matter are

    Best Jamie


  • Closed Accounts Posts: 14 Jamie1980


    @ messrs - I suppose there is a possibility of me moving in to the spare room, it wouldn't be ideal as I have seen the place and they don't keep the place how I would like it kept so there could be issues there as living with strangers isn't easy if you are very different but really it would get me out of my predictament so I would do it if they were agreeable to it

    I never dealt with them to be honest I got an agent to do it on my behalf but they didn't know my circumstances as I didn't tell my agent my circumstances either so as far as I am concerned they only think they are renting it for one year.

    I was thinking of phoning myself and explaining the situation to them and see what they have to say I think it would be better to come from me than the agent in this case


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    A bit late coming in here with this but:

    A fixed term lease cannot be broken by either tenant or landlord as the lease is a contract for a defined fixed period of time. However, under certain extenuating circumstances a fixed term lease may be broken:

    1. A tenant or landlord may serve a Notice of Termination (which must be in the prescribed manner) if the other party is in breach of the terms and conditions of the lease. However, the offending party has to be given a reasonable time to remedy the matter. The notice period is 28 days or 7 days where behaviour of the offending party poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling.

    2. Tenants may be served with a Notice of Termination for anti-social behaviour - 28 days for non serious behaviour and 7 days for serious offences.

    3. If a tenant just wishes to leave (maybe for personal reasons such as getting a job in another part of the country or he has lost his job and can no longer afford the rent), he cannot break the lease. However, the law allows him to “assign” the lease to another person who then takes over the remaining part of the lease. The tenant should first seek permission from the landlord and should he not allow the assignment, the tenant is free to leave at the end of the notice period. Seldom will the landlord refuse the request and it is up to the tenant to find someone that is acceptable to the landlord (after the landlord’s vetting checks). If the tenant fails to find an “assignee”, or if the landlord has to find the assignee, the tenant is liable for the landlord’s reasonable expenses in so doing and may also be liable for the rent up to the expiry of the lease.

    4. Sometimes there is a clause in the lease, known as a break clause which defines a time at which a landlord or tenant may break the lease. This allows a tenant (or landlord) to break the lease at that particular time, often at the six month period (or at the time that the lease states) for whatever reason, following a Notice of Termination.

    5. A fixed term lease may be broken by mutual agreement between the landlord and tenant. However, there should be some form of written agreement to this effect, stating any terms that may be included.

    6. A landlord can offer (but without harassment to the tenant) to “buy-out” the lease from the tenant by offering the tenant some form of consideration (usually by offering a “cash incentive”). However, the tenant is not obliged to sell his remaining part of the lease. In a buy-out situation, the tenant has the upper hand and any terms of the buy-out can be set by him and to his distinct advantage. Any form of buy-out should be a written agreement stating the exact terms of the buy-out.


  • Registered Users Posts: 7,447 ✭✭✭Calhoun


    Jamie1980 wrote: »
    @ messrs - I suppose there is a possibility of me moving in to the spare room, it wouldn't be ideal as I have seen the place and they don't keep the place how I would like it kept so there could be issues there as living with strangers isn't easy if you are very different but really it would get me out of my predictament so I would do it if they were agreeable to it

    I never dealt with them to be honest I got an agent to do it on my behalf but they didn't know my circumstances as I didn't tell my agent my circumstances either so as far as I am concerned they only think they are renting it for one year.

    I was thinking of phoning myself and explaining the situation to them and see what they have to say I think it would be better to come from me than the agent in this case

    How do you know what the place is like if you havent dealt with them?

    If i was you i wouldnt be going down the route of looking to stay with them, especially as its not kept the way you like. Right now this is your property but it is their home and if it was my i would not be comfortable with someone living with me. Remember you rented on the basis that 2 people stay, so they are probably a couple (considering the spare room).


  • Closed Accounts Posts: 14 Jamie1980


    Thanks for the info odds on

    @ Calhoun I was in the place yesterday as a contractor had to carry out work on the place so I got the agent to ok access from the tenants and I let the contractor in as the tenants were at work so that is how I saw how it was being kept

    Yeah I would agree it wouldnt be the best situation living with them but I suppose it's a case of needs must so although not ideal it is an option I may have to consider if they were agreeable to it of course


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  • Registered Users Posts: 1,068 ✭✭✭xper


    Jamie1980 wrote: »
    ...From speaking to the PRTB they are leading me to believe that I am at the mercy of what the tenants decide which seems a little bit strange given the circumstances....

    ...When you say not really, does this imply a definitive no or is there some angle I can exploit....

    ...As I mentioned before I signed the contract in good faith ...

    ...wanted somebody who would treat it like their home and not some typical renters who seem to have little regard for others property...

    ... My apartment is a two bedroom apartment and I let it under the understanding that two people would be sharing the whole place. I was quite particular on that point with the agent ...

    ...I have tried that and apparently as it is a fixed term tenancy I am goosed and at the tenants mercy, I was of the same view as you in thinking that because it is your principle residence you could move back in under certain circumstances but from speaking to various people and looking around on the internet it seems that is not the case

    While I do note that, at the end of the day, you appear to be concluding to go about this in an above board manner and there are many less scrupulous individuals out there who would be giving their tenants a very hard time in this situation, I do find your phrasing and expressed attitude towards tenants through this thread curious at times. This may be your property but it is their home. You entered into a binding business arrangement that has to be seen out, 'understandings' and 'angles' don't come into it.


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    xper wrote: »
    While I do note that, at the end of the day, you appear to be concluding to go about this in an above board manner and there are many less scrupulous individuals out there who would be giving their tenants a very hard time in this situation, I do find your phrasing and expressed attitude towards tenants through this thread curious at times. This may be your property but it is their home. You entered into a binding business arrangement that has to be seen out, 'understandings' and 'angles' don't come into it.



    Sadly this happens all too often in Ireland. Tenants are conveniences to make money on the property. We had this done to us last year. An eviction letter in much the same circumstances.

    never had a night's sleep after that until we left.

    Whatever you do now OP is going to be grossly unprofessional and damaging to the good folk you signed an agreement with. And now you expect them to go along with you and leave their home?

    Sneaking in in these circumstances also!

    Why not simply rent somewhere else yourself?

    Amateur landlords...


  • Closed Accounts Posts: 1,031 ✭✭✭petethebrick


    Jamie1980 wrote: »
    @ messrs - I suppose there is a possibility of me moving in to the spare room, it wouldn't be ideal as I have seen the place and they don't keep the place how I would like it kept so there could be issues there as living with strangers isn't easy if you are very different but really it would get me out of my predictament so I would do it if they were agreeable to it

    I would guess that it would be much much less ideal for your tenants :confused::confused: Would be cheeky to even suggest this.
    What would your stance be if your tenants decided to break the lease when you were in Canada and left you with no rental income - would you have been accomodating to their changed circumstances???? I seriously doubt it


  • Closed Accounts Posts: 14 Jamie1980


    @ xper - I think you may be reading a bit too much in to the language I used at the end of the day I am now aware that tenants are entitled to stay there so if that is what they choose then I have every intention of honouring the agreement. I have spoken to the tenants and explained the situation and asked them to have a think about it and I have said that I would allow them ample time to find another place if they agreed. Ultimately the tenants are actually in breach of the lease with the number of occupants so when I point this out to them they may have no choice but to move out as they may not be able to afford the place with the agreed number of tenants allowed in the place, ideally I would like to agree something with them but I have been more than accommodating with them over their "guest" staying there which has gone well beyond the time period they initially mentioned.

    @ graces7 - I find your comments rude and misguided and your input is simply unhelpful and unconstructive.

    I have no intention nor can I evict them I am trying to come up with an amiable solution for both parties and if this can't be done then I will have no choice but to look elsewhere.

    I don't expect them to move out in fact I expect them most likely to say no as previously mentioned the property even though I say so myself is absolutely lovely and it is under-rented by about 15% which was completely my choosing obviously as I wanted the right tenants so they are on a very good deal and most likely wont replace what they have now for the same money.

    Also I don't want to be tarred with the "bad" landlord tag I have been very good to my tenants whenever there was a request for items or things to be done it was done promptly and without question even though some of the things I provided them was probably above and beyond what I would be obliged to do for them. Unfortunately it has just turned out that my circumstances have changed and I would like to move back in, I personally don't see the big deal in asking them and if they say no then so be it

    The renting elsewhere isn't preferable as previously mentioned in my posts by the time I pay service charge, tax etc on the rent I receive I would have to rent somewhere well below the standard of my existing home which obviously I ideally don't want to have to do but it may be my only option

    I am not sure what the sneaking in comments relates to, I certainly didn't sneak in to the apartment if that is what you are referring to I was in there with a contractor with the knowledge of the tenants

    Anyway I would rather you not respond to this thread if you have nothing insightful or helpful to add

    Thank you for those who have provided constructive advice and information


  • Closed Accounts Posts: 14 Jamie1980


    @ petethebrick - if the tenants wanted to break the lease then believe it or not I would simply have said fine on the basis that the deposit they gave would be used to cover any "down time" the apartment wasn't rented for. As it happened to me when I left Canada I lost my deposit which was 6 weeks rent so I know how it feels and I wouldn't like to do it to somebody else I asked the landlord if he could refund me the difference between the down time on the apartment and the 6 weeks but he wouldnt

    Luckily for me if that did happen it wouldn't be a big deal as it literally took less than one week to rent the place the last time as there was a lot of demand for it 12 parties saw it over the 5 days it was with the agent. I could have had it rented sooner but I was choosy in who I wanted in the place.

    So basically the tenants more of less could break the lease at very little or no cost to them.

    I would consider myself a pretty reasonable person and would always try to accommodate as best I can like in the instance with their extra guest they only told me about him post contracts being signed even though they were well warned by the agent about it so in this instance I believe they have abused my good will in the length of time he has stayed and I believe if they get their way he will stay for the whole tenancy but they knew they wouldn't get the place if he was mentioned from the outset so they have been more than economical with their information too


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Jamie1980 wrote: »
    @ xper - I think you may be reading a bit too much in to the language I used at the end of the day I am now aware that tenants are entitled to stay there so if that is what they choose then I have every intention of honouring the agreement. I have spoken to the tenants and explained the situation and asked them to have a think about it and I have said that I would allow them ample time to find another place if they agreed. Ultimately the tenants are actually in breach of the lease with the number of occupants so when I point this out to them they may have no choice but to move out as they may not be able to afford the place with the agreed number of tenants allowed in the place, ideally I would like to agree something with them but I have been more than accommodating with them over their "guest" staying there which has gone well beyond the time period they initially mentioned.

    graces7 - I find your comments rude and misguided and your input is simply unhelpful and unconstructive.

    I have no intention nor can I evict them I am trying to come up with an amiable solution for both parties and if this can't be done then I will have no choice but to look elsewhere.

    I don't expect them to move out in fact I expect them most likely to say no as previously mentioned the property even though I say so myself is absolutely lovely and it is under-rented by about 15% which was completely my choosing obviously as I wanted the right tenants so they are on a very good deal and most likely wont replace what they have now for the same money.

    Also I don't want to be tarred with the "bad" landlord tag I have been very good to my tenants whenever there was a request for items or things to be done it was done promptly and without question even though some of the things I provided them was probably above and beyond what I would be obliged to do for them. Unfortunately it has just turned out that my circumstances have changed and I would like to move back in, I personally don't see the big deal in asking them and if they say no then so be it

    The renting elsewhere isn't preferable as previously mentioned in my posts by the time I pay service charge, tax etc on the rent I receive I would have to rent somewhere well below the standard of my existing home which obviously I ideally don't want to have to do but it may be my only option

    I am not sure what the sneaking in comments relates to, I certainly didn't sneak in to the apartment if that is what you are referring to I was in there with a contractor with the knowledge of the tenants

    Anyway I would rather you not respond to this thread if you have nothing insightful or helpful to add

    Thank you for those who have provided constructive advice and information


    WHy does that not surprise me or upset me... Your posts are the most discourteous and inconsiderate mailings seen here in a long while. REALLY!

    In fact my posts are truly insiightful ; simply unacceptable to you because they support the tenants.

    The only ones this is unfortunate for is your tenants.

    You sir are what used to be called..... And a very bad landlord.


  • Registered Users Posts: 7,447 ✭✭✭Calhoun


    Jamie1980 wrote: »
    @ xper - I think you may be reading a bit too much in to the language I used at the end of the day I am now aware that tenants are entitled to stay there so if that is what they choose then I have every intention of honouring the agreement. I have spoken to the tenants and explained the situation and asked them to have a think about it and I have said that I would allow them ample time to find another place if they agreed. Ultimately the tenants are actually in breach of the lease with the number of occupants so when I point this out to them they may have no choice but to move out as they may not be able to afford the place with the agreed number of tenants allowed in the place, ideally I would like to agree something with them but I have been more than accommodating with them over their "guest" staying there which has gone well beyond the time period they initially mentioned.

    @ graces7 - I find your comments rude and misguided and your input is simply unhelpful and unconstructive.

    I have no intention nor can I evict them I am trying to come up with an amiable solution for both parties and if this can't be done then I will have no choice but to look elsewhere.

    I don't expect them to move out in fact I expect them most likely to say no as previously mentioned the property even though I say so myself is absolutely lovely and it is under-rented by about 15% which was completely my choosing obviously as I wanted the right tenants so they are on a very good deal and most likely wont replace what they have now for the same money.

    Also I don't want to be tarred with the "bad" landlord tag I have been very good to my tenants whenever there was a request for items or things to be done it was done promptly and without question even though some of the things I provided them was probably above and beyond what I would be obliged to do for them. Unfortunately it has just turned out that my circumstances have changed and I would like to move back in, I personally don't see the big deal in asking them and if they say no then so be it

    Sorry i dont agree as the tone of your posting and the underhanded sneaking, lets call a spade a spade you used an appointment to fix something as an excuse to review the state of the place and to find dirt on how to get rid of your problem or in your words your angle (see point in bold). This all leads me to believe you are a bad landlord and will use any angle to be rid of them.

    I seriously hope you get some sense and just try and rent somewhere for a couple of months, i know your circumstances changed but thats your problem. How you expect to ignore the contract you signed (you are trying to weasle your way around it) and/or move your way into someones home setup is unreal.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Graces7 wrote: »
    [/B]

    Why not simply rent somewhere else yourself?

    Because you cannot offset renting somewhere against rental income from the first property- i.e. you pay tax at the full whack on the original property- and get no cognisance of this when you have to go and rent somewhere else yourself....... Its increasingly a problem for people who have to let their property due to work moving (or whatever)- while they may get tenants for their own property- even if the gross rent is exactly the same that they're getting for their house- they can't use it to rent somewhere else........

    No need to be so aggressive and antagonistic towards the guy- he does seem to be doing his best to accommodate everyone, and was trying to clarify what the situation was- rather than go in all guns blazing, which is a damn sight better than making all sorts of presumptions and ending up with everyone fighting with one another.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Calhoun wrote: »
    Sorry i dont agree as the tone of your posting and the underhanded sneaking, lets call a spade a spade you used an appointment to fix something as an excuse to review the state of the place and to find dirt on how to get rid of your problem or in your words your angle (see point in bold). This all leads me to believe you are a bad landlord and will use any angle to be rid of them.

    I seriously hope you get some sense and just try and rent somewhere for a couple of months, i know your circumstances changed but thats your problem. How you expect to ignore the contract you signed (you are trying to weasle your way around it) and/or move your way into someones home setup is unreal.

    In all fairness- the guy did come on here to ask advice- and has been given advice. There is no need to be so confrontational with him- its not that hard to impart information to him without jumping down his throat.

    If you disagree with what he says (or indeed anyone else)- refute it factually- without personalising your posts- this is not the wild wild west- if you want to post in this forum- we do have rules (the forum charter) please read it and comply with it.


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  • Registered Users Posts: 78,400 ✭✭✭✭Victor


    Jamie1980 wrote: »
    Anyway I would rather you not respond to this thread if you have nothing insightful or helpful to add
    Hi Jamie,

    Welcome to boards.ie.

    I haven't read this thread in detail, but I can sense some friction. Can I ask you and the other posters in this thread to be conscious of other peoples' feelings when posting.

    Victor
    Moderator


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