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forced to leave when lease ends,

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  • 01-09-2013 9:30pm
    #1
    shnoo_shnoo
    Registered Users Posts: 77 ✭✭


    Hi all hope you can help me out on this topic stuck in a bit of a predicament with it ...

    The details,

    Rented a house last november, wanted it for a year they said they would give that to us but wanted to end it in august incase we didn't want to stay there and they would be able to rent to students.
    It says in part of the lease that " This lease will end August 28th if _________ wishes to leave"

    However I got a phonecall basically asking us to be gone by the end of the week as they want to make it a student house.. Are they allowed to do this ? What are my rights ie am I entitled to a months notice or are they allowed to kick us out at a days notice, I had fully intended to stay here now I have a couple of days to find money for a deposit on a new house,... :confused:


    PLEASE HELP QUICK !
    Tagged:


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


    - They cant ask you to leave with a weeks notice
    - They cant ask you to leave over the phone
    - They cant ask you to leave (lease or otherwise) to turn it into a student house

    Tell them to go educate themselves on tenancy law and come back to you when they know what they are doing. Inform them that the PRTB take illegal evictions very seriously and it will end up costing them a sizable fine when you take a case against them.


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    #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    It says in part of the lease that " This lease will end August 28th if _________ wishes to leave"
    That clause in the lease says it all - you don't wish to leave so the lease does not end.

    As you have been in the house for more than six months, you are entitled to remain for a period of 4 years without signing a new lease - this is called a Part 4 tenancy.

    Under Part 4 rules, the landlord is only permitted to evict a tenant under a number of specific grounds. Wanting to rent the property as student accommodation is not one of those reasons.


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    #4
    Emme
    Registered Users Posts: 4,055 ✭✭✭Emme


    Is your landlord registered with PRTB? As the above poster said, you are now in a Part 4 tenancy and you have the rights associated with that. You can check out your rights with Threshold. Your landlord CAN raise the rent by a certain amount (I think it's no more than €100 a month) and he or she has to give you a months notice of this.


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    #5
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    djimi wrote: »
    - They cant ask you to leave with a weeks notice
    - They cant ask you to leave over the phone
    - They cant ask you to leave (lease or otherwise) to turn it into a student house

    Tell them to go educate themselves on tenancy law and come back to you when they know what they are doing. Inform them that the PRTB take illegal evictions very seriously and it will end up costing them a sizable fine when you take a case against them.


    They can ask all they like. They can't demand.

    They can say the house is being refurbished and demand you leave on that basis but must give you the appropriate notice. In this case I believe 25 days.

    All things being equal both parties have not handled this well. You should have kept up with the date and the LL should have too. This is aside from the actual legal standing. They can't kick you out the way they have tried to.


    Either way OP I would plan on moving as relationship will be damaged one way or the other now.


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    #6
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ray Palmer wrote: »
    All things being equal both parties have not handled this well. You should have kept up with the date and the LL should have too.

    What date?


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    #7
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    djimi wrote: »
    What date?
    August the 28th by the sounds of it.


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ray Palmer wrote: »
    August the 28th by the sounds of it.

    The lease says "This lease will end August 28th if _________ wishes to leave". They didnt want to leave by the sounds of it, so that date is of no consequence.


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


    djimi wrote: »
    The lease says "This lease will end August 28th if _________ wishes to leave". They didnt want to leave by the sounds of it, so that date is of no consequence.


    You read the OP. There was a light agreement made. As I said regardless of the legal issues both should have clarified approaching that point. That is my opinion on the situation.

    They don't have to move but a few phone calls last month would have prevented the problem. Not everything has to be a legal battle. Of course if it was tenant trying to get out of an agreement you would most likely support that.


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Ray Palmer wrote: »
    You read the OP. There was a light agreement made. As I said regardless of the legal issues both should have clarified approaching that point. That is my opinion on the situation.

    They don't have to move but a few phone calls last month would have prevented the problem. Not everything has to be a legal battle. Of course if it was tenant trying to get out of an agreement you would most likely support that.

    I dont see any agreement, light or otherwise?
    Rented a house last november, wanted it for a year they said they would give that to us but wanted to end it in august incase we didn't want to stay there and they would be able to rent to students.
    It says in part of the lease that " This lease will end August 28th if _________ wishes to leave"

    OP wanted it for a year. Landlord wrote in break clause in case OP wants to leave early. OP does not invoke break clause.

    Seems to me that its a case of the landlord wanting the best of both worlds; the property filled until it suits them. Shame for them that they dont understand tenancy law and didnt understand the implications of the lease they came up with.


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    #11
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    djimi wrote: »
    I dont see any agreement, light or otherwise?

    OP wanted it for a year. Landlord wrote in break clause in case OP wants to leave early. OP does not invoke break clause.

    Seems to me that its a case of the landlord wanting the best of both worlds; the property filled until it suits them. Shame for them that they dont understand tenancy law and didnt understand the implications of the lease they came up with.


    Well I see it. It could have been handled better by both parties. Shame on you for not applying reason. You are stuck on the letter of the law which I have at no time suggested wasn't the case.

    The LL is in the wrong but sticking to law without trying at least to sort out any hostility is always the worst way to go.


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    #12
    shnoo_shnoo
    Registered Users Posts: 77 ✭✭shnoo_shnoo


    Further phonecall this morning asking us to leave today that they were moving in a foreign student this evening,


    I can understand poor communication slightly, but I wasn't concerned about the date as far as I was concerned I wasn't moving house.. From the way it was put forward at the beguinning it seemed I only need get in touch if I was leaving .


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


    Im going to be honest, having re-read the OP again Im actually confused by how it is worded. Initially I read "wanted it for a year they said they would give that to us" as the landlord reluctantly agreeing to a years lease, with a break clause for August 28th, but now Im not sure if the lease wasnt in fact for a year and comes to an end on August 28th. Perhaps the OP could clarify as that paragraph is not clearly written.


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    #14
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    shnoo_shnoo wrote: »
    Further phonecall this morning asking us to leave today that they were moving in a foreign student this evening,


    I can understand poor communication slightly, but I wasn't concerned about the date as far as I was concerned I wasn't moving house.. From the way it was put forward at the beguinning it seemed I only need get in touch if I was leaving .

    Under no circumstances should you leave, and if the landlord attempts to gain entry or to move someone in call the Gardai immediately as a short term deterrent.

    If this guy carries on as he has been he is going to get a nasty shock when the PRTB get hold of him.


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    #15
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    shnoo_shnoo wrote: »
    Rented a house last november, wanted it for a year they said they would give that to us but wanted to end it in august incase we didn't want to stay there and they would be able to rent to students.
    It says in part of the lease that " This lease will end August 28th if _________ wishes to leave"
    It sounds like they rent to students, but last year the student left early, so the LL rented to you, with a break clause so that they would hopefully be able to rent to another student?

    =-=

    Get the local garda stations number, and have it on speed dial. If he tries to enter, let him know you'll ring the police as he's trespassing, and threatening illegal eviction.


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