Given notice to leave...What are my rights ?

StevenC62

As the title says, we have been given notice to leave by the landlord. After 4 years and 2 months in the property, with no problems, rent payed every month, he sent me a text saying, "as he is transferring back to the area he has decided to live in the house", and has given us 6 weeks to vacate the property. We do have a contract, and it isn't a fixed term one. Just need to know where we stand on this matter. Thanks in advance for any replies

Stheno

The landlord can validly issue notice if they are intending to move in themselves.

6 weeks is 42 days, I'm not sure if that is the right amount of notice given the length of your tenancy

Penny Tration

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

According to citizen's information, if you are there more than 4 years, you are entitled to 112 days notice, not 6 weeks.

lolo62

He's chancing his arm there and just trying to suit himself.
If I were you I'd get the facts before responding. As poster above had stated it's more than six weeks.
I would politely tell him that it's not possible for you to move within six weeks that you will need the full time allowed by law.
You want to keep things as pleasant as possible so you get out with your deposit and a good reference!

Jaybor

It has to be in writing too. Though I dont see why in this day and age, but thems the rules.

Misty Moon

You have to leave one way or the other. To be honest, I'd be making sure that he'll let you leave earlier if necessary without looking for rent for the full period. If you went looking tomorrow and just happened to find the perfect place, you'd at least be able to move quickly without having to pay double rent for too long. Possibly better to hold off on demanding your right to a longer notice period until you know you might actually need more time. Why bother with the hassle if you don't need to? It is a mighty pain in the ass, happened to me once, and that was the best house I've ever rented but you just have to reconcile yourself to moving

Edited to add: pretty bad form to do it by text though. At least my landlord and his wife came in person to tell us they wanted to move in.

peterbush42

Hi Steven, from a legal side because you have been in the premises for more than 4 years your landlord has to give you a minimum of 112 days to find alternative accomodations but after that time if you can show you have been actively looking for other premises but unsuccessful due to higher costs or not within the same required location, your landlord cannot remove you and must allow additional time for you to find accomodations that suit your needs.

xper

peterbush42 wrote: »

Hi Steven, from a legal side because you have been in the premises for more than 4 years your landlord has to give you a minimum of 112 days to find alternative accomodations but after that time if you can show you have been actively looking for other premises but unsuccessful due to higher costs or not within the same required location, your landlord cannot remove you and must allow additional time for you to find accomodations that suit your needs.

Would you care to back up the bit in bold with suitable reference or link? I am familiar with the Residential Tenancies Act 2004 and know of no such provision in it. The op is entitled to 112 days notice, agreed. But I know of no legal responsibility on the landlord to assist the the departing tenant in securing alternative accommodation, be it extending the notice period or otherwise.

odds_on

xper wrote: »

Would you care to back up the bit in bold with suitable reference or link? I am familiar with the Residential Tenancies Act 2004 and know of no such provision in it. The op is entitled to 112 days notice, agreed. But I know of no legal responsibility on the landlord to assist the the departing tenant in securing alternative accommodation, be it extending the notice period or otherwise.

I agree with exper on this.

However, a landlord (or a close relative) wishing to take up occupancy in the dwelling must, in the Notice of Termination (or a separate note in writing) also include, a statement specifying:
1. the new occupant's name
2. Relationship to the landlord
3. expected duration of occupation
4. that the landlord is required to offer the tenant a tenancy if the named occupant ceases to reside there within 6 months and the tenancy had not otherwise been validily terminated.

As has been stated previously, the notice period to be given by a landlord, where a tenant has been in occupation for 4 or more years, is 112 days. This may, by mutual agreement be shorter or longer.

The_Conductor

Jaybor wrote: »

It has to be in writing too. Though I dont see why in this day and age, but thems the rules.

Text or e-mail have been deemed satisfactory by the PRTB.
The notice is wrong though.

Jaybor

And there was me giving mine in writing and registering the postage.
From now on they will be texts or emails then.

I think the OPs landlord was nice enough to give notice, even though the amount of notice wasnt correct.

There are much easier ways to get someone to move out in a rising market as we have now. Giving a months notice that the rent is going up to about €50 or so above the current market max would be the best way, assuming the rent hasnt been raised in the last year.
The landlord then makes it the tenants choice whether to pay more rent or just move out. If they pay more rent the landlord wins anyway.

The_Conductor

Personally I'd register everything- to make damn sure there was no excuse about it not being received- SMS and E-mail has been accepted by the PRTB previously- however, I'd not like to have to rely on it.

djimi

Jaybor wrote: »

And there was me giving mine in writing and registering the postage.
From now on they will be texts or emails then.

I think the OPs landlord was nice enough to give notice, even though the amount of notice wasnt correct.

There are much easier ways to get someone to move out in a rising market as we have now. Giving a months notice that the rent is going up to about €50 or so above the current market max would be the best way, assuming the rent hasnt been raised in the last year.
The landlord then makes it the tenants choice whether to pay more rent or just move out. If they pay more rent the landlord wins anyway.

Raise the rent in an effort to get the tenant to move out could actually be counter productive. If the tenant decides to dispute it then they remain paying the current rate until the case is heard (which could be months). Most tenants will know that the PRTB will not act quickly, and will probably just call your bluff and leave before the case is heard.

And I agree with sending registered letters only. Text/email might be acceptable by PRTB standards, but they leave no paper trail (unless someone clicks to accept a read receipt on an email, and who ever clicks those?!!).

Marcusm

odds_on wrote: »

I agree with exper on this.

However, a landlord (or a close relative) wishing to take up occupancy in the dwelling must, in the Notice of Termination (or a separate note in writing) also include, a statement specifying:
1. the new occupant's name
2. Relationship to the landlord
3. expected duration of occupation
4. that the landlord is required to offer the tenant a tenancy if the named occupant ceases to reside there within 6 months and the tenancy had not otherwise been validily terminated.

As has been stated previously, the notice period to be given by a landlord, where a tenant has been in occupation for 4 or more years, is 112 days. This may, by mutual agreement be shorter or longer.

The OP has been there 4 years and 2 months and the landlord is not limited to the standard part 4 limitations; they can give notice to quit for any reason they like during the first 6 months of the second or successive part 4 cycles.

odds_on

Marcusm wrote: »

The OP has been there 4 years and 2 months and the landlord is not limited to the standard part 4 limitations; they can give notice to quit for any reason they like during the first 6 months of the second or successive part 4 cycles.

Thank you for the correction, Marcusm. Absolutely correct, that during the first 6 months of a Further Part 4 tenancy, a landlord does not have to give a reason for a Notice of Termination.

Also, the landlord needs to register the Further Part 4 tenancy with the PRTB.

Jaybor

djimi wrote: »

Raise the rent in an effort to get the tenant to move out could actually be counter productive. If the tenant decides to dispute it then they remain paying the current rate until the case is heard (which could be months). Most tenants will know that the PRTB will not act quickly, and will probably just call your bluff and leave before the case is heard.

And I agree with sending registered letters only. Text/email might be acceptable by PRTB standards, but they leave no paper trail (unless someone clicks to accept a read receipt on an email, and who ever clicks those?!!).

Fortunately most tenants dont see the PRTB as their personal henchmen and will either pay the increased rent or move somewhere cheaper. Though some do play the PRTB like a fiddle it has to be said.

QuiteInterestin

According to the Threshold website, when a landlord gives notice of termination of tenancy, it must be in writing either delivered personally, Leaving it at the address where the person ordinarily resides, By post (no special requirement for registered post) or by affixing to the dwellings. According to their website email/text/verbal notice do not suffice under the law

http://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

As others have said, texts leave no paper trail and there's not much you can do if the other person says they never got the text message so keep all communications regarding termination of tenancy to letters in the future.

The_Conductor

To be brutally honest with you- take the information from Threshold with a pinch of salt. Their advice has been seriously circumspect in the past- and indeed ruled wholly contradictory by PRTB tribunals when tenants relied on it. Be careful relying on it.

QuiteInterestin

The_Conductor wrote: »

To be brutally honest with you- take the information from Threshold with a pinch of salt. Their advice has been seriously circumspect in the past- and indeed ruled wholly contradictory by PRTB tribunals when tenants relied on it. Be careful relying on it.

Thanks,have gotten some questionable advice from Threshold in the past too, though I thought they would be right on an issue such as this.

I'd still keep to letters from now on though if I was the OP. Had my previous landlord send me a few sharp text messages regarding certain issues where they were clearly in the wrong and then say they never got my replies even though I had delivery reports to say that they did. When I rang LL about the issues they mentioned something that made me think that they had received the message after all, though how can you prove that?