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Difficult Landlord

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Comments

  • #32
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    EmeraldWolf wrote: »
    Hey guys,
    I have an issue at the moment with my landlord. Last night we had a surprise party for one of our housemates.
    EmeraldWolf wrote: »
    Thanks leeomurchu for the sound advice Ill probally do that! Also it was her brithday last night that's why it was on a monday. :)

    Would it not have been more of a surprise to have it at the weekend, before her birthday ;)

    OP have you spoken to the neighbours since? It seems strange that they said ok to your face and then went beserk and called your landlord. Something doesn't add up.


  • #33
    djh2009
    Registered Users Posts: 121 ✭✭djh2009


    If the tenancy is less than 6 months old, the landlord doesn't have to give a reason for terminating it.


  • #34
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    I am finding it difficult to believe that a LL would evict over a tenant having a few friends around to celebrate a birthday that was over before midnight. Eviction and reletting is costly and a pain in the a.

    Much might depend on your definition of party, your neighbours and your LLs. There would be certain types of behaviour that would be a huge red flag to me, and I'd move to get tenants out straight away.


  • #35
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    Every day the place is empty the landlord is missing out on money.

    And now the LL has to re-advertise and it could take a few weeks to get new tenants.
    If they use a letting agent then they will want their fee


    No way are we getting the full story, a bit of music and friends around for early Monday evening is not enough to get you evicted.
    Not from a reasonable person anyway

    4am you deserve a bollocking.

    But not even 10:30? Do your neighbours and LL expect you to take off your shoes and tip-toe around your place too?


  • #36
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djh2009 wrote: »
    If the tenancy is less than 6 months old, the landlord doesn't have to give a reason for terminating it.
    This only applies to a Part 4 tenancy, not a fixed term tenancy, where a landlord may evict a tenant during the first six months.


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  • #37
    djh2009
    Registered Users Posts: 121 ✭✭djh2009


    odds_on wrote: »
    This only applies to a Part 4 tenancy, not a fixed term tenancy, where a landlord may evict a tenant during the first six months.

    Its only after the 6 month period that it becomes a Part 4 tenancy.


  • #38
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    djh2009 wrote: »
    Its only after the 6 month period that it becomes a Part 4 tenancy.

    A fixed term lease cannot be terminated at any point, even in the first 6 months (unless the LL has a very good reason). What you are referring to only applies where no fixed term lease has been signed.


  • #39
    djh2009
    Registered Users Posts: 121 ✭✭djh2009


    djimi wrote: »
    A fixed term lease cannot be terminated at any point, even in the first 6 months (unless the LL has a very good reason). What you are referring to only applies where no fixed term lease has been signed.
    Why would you not have a fixed term lease ? Would you give me an example and explain briefly the difference if you don't mind.Thanks for your help.


  • #40
    Gary The Gamer
    Banned (with Prison Access) Posts: 179 ✭✭Gary The Gamer


    djh2009 wrote: »
    Why would you not have a fixed term lease ? Would you give me an example and explain briefly the difference if you don't mind.Thanks for your help.
    Look it up yourself, the act is fairly readable. This same point has probably been argued a thousand times on this forum at this stage.
    Why do people bother posting replies of advice if they don't know the subject very well. It would make you wonder about the posts on other forums.


  • #41
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    djh2009 wrote: »
    Why would you not have a fixed term lease ? Would you give me an example and explain briefly the difference if you don't mind.Thanks for your help.

    All your questions are more than likely answered here http://www.irishstatutebook.ie/2004/en/act/pub/0027/index.html

    Look at section 26.


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  • #42
    djh2009
    Registered Users Posts: 121 ✭✭djh2009


    Gary The Gamer wrote: »
    Look it up yourself, the act is fairly readable. This same point has probably been argued a thousand times on this forum at this stage.
    Why do people bother posting replies of advice if they don't know the subject very well. It would make you wonder about the posts on other forums.
    Thanks for your contribution there fella.Unfortunately,i havent been around here long enough to read every thread on this matter.Cant wait till im here as long as yourself and rack up the massive amount of 125 posts that you have.Hope they were all as helpful as this one here.


  • #43
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djh2009 wrote: »
    Why would you not have a fixed term lease ? Would you give me an example and explain briefly the difference if you don't mind.Thanks for your help.
    As djimi says, a fixed term lease cannot be broken, except in the case of a breach of obligations. However, a tenant does have a get-out option (which a landlord does not have), by assigning the remainder of a lease.

    A Part 4 tenancy allows a landlord to evict a tenant under 6 grounds, the two most common of which are if the landlord intends to sell the property, or if the landlord requires the property for his own use or that of a close family member. A fixed term lease does not allow a landlord to evict for these reasons.

    Thus, a landlord wishing to sell his property "with vacant possession" can do so if he uses a Part 4 lease. Again, if a landlord suddenly discovers that, say his daughter wants accommodation, the landlord can legally evict a tenant and let his daughter have the property.

    A tenant may ask for a Part 4 lease if he is unsure that he will require the property of the full term of a fixed term lease and with a Part 4 lease, he only has to give the required notice period and vacate, without the hassle of assigning and finding a new tenant. At the end of a fixed term lease, it is the tenant who decides what type of lease he wants - either another fixed term lease for security of tenure for another year (remembering that a landlord can only evict him if he is in breach of the tenant's obligations); or a Part 4 lease with less security but easy of leaving.


  • #44
    djimi
    Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    djh2009 wrote: »
    Why would you not have a fixed term lease ? Would you give me an example and explain briefly the difference if you don't mind.Thanks for your help.

    There are plenty of people who do not wish to sign a fixed term lease for one reason or another; usually a short term letting or a more informal arrangement. Or where a tenant has not signed a further fixed term lease and has remained in the property; they automatically aquire a part 4 tenancy.

    A part 4 tenancy runs alongside a fixed term lease after 6 months and for a further 3 and a half years, but at all times when a fixed term lease is in place it will trump the terms of the part 4 tenancy, and as such the clauses in the part 4 tenancy which allow either party to break the lease do not apply. This includes the ability of the landlord to break the lease for any reason in the first 6 months of the tenancy.


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