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Sufficient notice - not renewing lease after fixed term

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  • 29-08-2013 1:48pm
    #1
    conormc1984
    Registered Users Posts: 117 ✭✭


    Hi, i was looking for some advice.

    Tenants are on their 2nd fixed term lease. Which was 2 X 1 year fixed term contracts.

    The second is running from December - December.

    I may be looking for them to exit the property once this fixed term ends in December. Can somebody please tell me what is the notice that i will need to serve them and when to serve them with it. I know it needs to be sent my registered post.

    Thanks in advance.


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    #2
    Doom
    Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    conormc1984 wrote: »
    Hi, i was looking for some advice.

    Tenants are on their 2nd fixed term lease. Which was 2 X 1 year fixed term contracts.

    The second is running from December - December.

    I may be looking for them to exit the property once this fixed term ends in December. Can somebody please tell me what is the notice that i will need to serve them and when to serve them with it. I know it needs to be sent my registered post.

    Thanks in advance.

    They may look for a part 4 tenancy! Look it up


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    #3
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    conormc1984 wrote: »
    Hi, i was looking for some advice.

    Tenants are on their 2nd fixed term lease. Which was 2 X 1 year fixed term contracts.

    The second is running from December - December.

    I may be looking for them to exit the property once this fixed term ends in December. Can somebody please tell me what is the notice that i will need to serve them and when to serve them with it. I know it needs to be sent my registered post.

    Thanks in advance.

    Depends on your reason for wanting them to exit the property. Unless it complies with the RTA 2004 then you cant just ask them to leave.


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    #4
    conormc1984
    Registered Users Posts: 117 ✭✭conormc1984


    Okay so after December when the fixed term ends part 4 rules apply, will the notice be for 42 days or 56 (1 year or 2 years)
    I will be moving back in myself which one of the section 34 rules.

    Or can i give the notice running up to the specific date in December.


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    #5
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    It is always better to serve notice early. It gives them a chance to plan too. Makes it better for both parties involved.


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    #6
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Assume they are part 4 tenants and give them notice at the point it will match the end of the lease. You don't have to wait till the lease ends to then state the leaving date.

    You can always ask a tenant to leave early. You can't demand.

    To be fair I wouldn't try to get a tenant out in December as it will be so difficult to find a place that month and likely lead to them staying put. Always try to be reasonable on top of legal requirements


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ray Palmer wrote: »
    Assume they are part 4 tenants and give them notice at the point it will match the end of the lease. You don't have to wait till the lease ends to then state the leaving date.

    Are you absolutely certain about this? Can you provide a link that definitively states that termination notice may be served while a fixed term lease is still in effect? I ask because its come up here before and nobody (Threshold included) seems to know the answer for sure.


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    #8
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    It might be stating the obvious but ensure that the notice of termination is word perfect and includes the clauses regarding re-letting etc. The lease agreement will define the valid methods by which the notice can be served.

    As far as I am aware it is valid to give notice to finish a fixed term lease on the day it ends, as long as the notice period is compatible with the terms of the RTA. In a similar way a fixed-term lease can include a break clause to activate prior to the six-month mark to ensure a troublesome tenant does not gain the benefit of tenure under part 4.

    I haven't seen any cases brought to the PRTB challenging the legality of the above, but that's not to say there aren't any of course. I too would be interested in a definitive answer.


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    #9
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    djimi wrote: »
    Are you absolutely certain about this? Can you provide a link that definitively states that termination notice may be served while a fixed term lease is still in effect? I ask because its come up here before and nobody (Threshold included) seems to know the answer for sure.


    I am absolutely sure as you are giving notice of intent on a given date. You aren't terminating the lease and also giving them they aren't going to be staying on. Can't point to legislation outside the standard notice periods that would be adhered to.

    Are they going to be the first ones to challenge it? Unlikely. It is both fair and reasonable. As I said I would move the date so it isn't December to be more fair.


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