Rented house and need to get tenant out

harry999

I rented my house, but the new tenants are just in one month & already caused lots of hassle with other people in the estate.

They have a 12 month lease & I gave them registered letter saying the lease in terminated and this one months notice.

They say they are not leaving.

Do i get onto PTRB and get them out or what rights do I have? Thanks

mitosis

If you want them out you will have to pay them to go. Simple truth is that as a landlord you have all but no rights. The PTRB is toothless and will recommend you go to Court ultimately, which will all take time and cost money.

goat2

what are the legal reasons that a tenant can be removed, do they use or deal drugs, are the making noise at all hours,
you do not specify,
there are ways you can get out of the contract, but they have to be real reasons,
is it a small estate, are there many rented houses on estate or are the people there owners of all the homes and been there a long time in a nice quiet place,

Stheno

goat2 wrote: »

what are the legal reasons that a tenant can be removed, do they use or deal drugs, are the making noise at all hours,
you do not specify,
there are ways you can get out of the contract, but they have to be real reasons,
is it a small estate, are there many rented houses on estate or are the people there owners of all the homes and been there a long time in a nice quiet place,

No reason has to be given if the tenancy is less than six months in

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

odds_on

Stheno wrote: »

No reason has to be given if the tenancy is less than six months in

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

This is one of the cases where the CI, and Threshold fail to differenciate between a Fixed term lease and a Part 4 / Periodic tenancy.

The above is correct provided it is not a fixed term lease. If it is a fixed term agreement, if the tenants are in breach of the terms and conditions of the agreement, no warning notice is required (within the first 6 months only) and a straight forward Notice of Termination with 28 days notice.

However, it would appear that the OP may not have done decent reference checks and is saddled with tenants who have decided not to leave. The legal route via the PRTB will be long, with much hassle and probably a loss of rent and gamage to the property.

harry999

The tenants are having parties and causing lots of noise, others in the estate cannot sleep. They also parking there car in front of neighbours house. About 40% rental in estate.

The lease is for 12 months, & it is specified on it that each party can give one months notice to terminate it.

I gave them the 28 days notice, but they said they not leaving till the 12 month lease is up.

I do not want to get into fighting match with them as that could make it worse(loose out on rent etc..). They in the house now two months. Thinking of maybe leaving them there for the 12 months, as they said they will leave then. But they may know that they will have more rights after 6 months and they not leave either after 12 months. They probably know the legal system a lot better than I do. Thanks

toughapple

harry999 wrote: »

The tenants are having parties and causing lots of noise, others in the estate cannot sleep. They also parking there car in front of neighbours house. About 40% rental in estate.

The lease is for 12 months, & it is specified on it that each party can give one months notice to terminate it.

I gave them the 28 days notice, but they said they not leaving till the 12 month lease is up.

I do not want to get into fighting match with them as that could make it worse(loose out on rent etc..). They in the house now two months. Thinking of maybe leaving them there for the 12 months, as they said they will leave then. But they may know that they will have more rights after 6 months and they not leave either after 12 months. They probably know the legal system a lot better than I do. Thanks

Are you even sure you gave them a valid notice? A friend of mine got a notice from her landlord. She challenged it ant the PRTB said (after about 6 months) that it wasn't valid. She was a good tenant whop was penalised for complaining about the landlord.

goat2

do you have a good accord with them, could you just go and ask them to keep it quiet as you are getting complaints from neighbours, and to park the cars in proper place,
the two problems you have are not nice, when disturbing others, could you tell them that you want to keep in good contact with neighbours and you do not want them getting angry, the most important thing here are the neighbours, as if you are not living close by at least they keep an eye out for you,
have these people been in trouble with law,
what age group,
are they a family with children,

xper

If you have told them you want them to leave and they are refusing to go then they are real trouble and you would be advised to initiate the proper method of termination of the tenancy, painful as it is, as your fallback position. If this does end up at the PTRB, then you need to have your arse covered as they do tend to favour the tenant if there's any doubt in the case.

If they are there less than six months and the lease that was signed does have a valid clause that allows you to terminate it on a month's notice, then double check that wording of the notice to terminate the lease you sent them is legally watertight. If not, draft a properly worded one (the PTRB site has examples) and send that. At this stage, you don't have to give any reason for termination (this changes after 6 months) so don't complicate the notice by doing so. If the notice expires and they're still there, open a case with the PTRB. The situation may subsequently resolve itself without the case being heard, which can take time, but there is no point in dragging things out any longer than you have to if it ends up going down that route.

harry999

I warned tenant about noise, parking etc and things are better.

If I leave tenant there for the 12 months until lease is up, and the tenant still says he is not going to leave. What rights does he have then ? Does he have more rights after living in house for 12 months, even though the lease is up?

If he has more rights after 12 months, then it would be better for me to get him out now, as I don't want him to stay there long term. Thanks

mdebets

harry999 wrote: »

The tenants are having parties and causing lots of noise, others in the estate cannot sleep. They also parking there car in front of neighbours house. About 40% rental in estate.

Parking in front of a neighbours house is allowed (if you don't have assigned spaces and you are not blocking any gate), so that's no reason to even think of throwing your tenants out.
Have you checked that the other complaint is a valid one, as in that they really party very loud on several occasions and that it was not just made up by the neighbours? If it is true, you might be able to evict them on anti-social behaviour grounds, but you should talk to your solicitor, to make sure, you follow correct procedures, as you can't just throwing them out because neighbours said the behave anti-social.

runawaybishop

mdebets wrote: »

Parking in front of a neighbours house is allowed (if you don't have assigned spaces and you are not blocking any gate), so that's no reason to even think of throwing your tenants out.
Have you checked that the other complaint is a valid one, as in that they really party very loud on several occasions and that it was not just made up by the neighbours? If it is true, you might be able to evict them on anti-social behaviour grounds, but you should talk to your solicitor, to make sure, you follow correct procedures, as you can't just throwing them out because neighbours said the behave anti-social.

Terminating a tenancy

Your landlord must always give you notice when asking you to leave - see 'Notice periods' and 'Notice of termination' below. During the first 6 months of a tenancy, the landlord can ask you to leave without giving a reason

dancingqueen

runawaybishop wrote: »

Terminating a tenancy

Your landlord must always give you notice when asking you to leave - see 'Notice periods' and 'Notice of termination' below. During the first 6 months of a tenancy, the landlord can ask you to leave without giving a reason

Only if the lease is not a "fixed term"

Unless they breach any terms in a fixed term lease, you cannot evict them.

runawaybishop

dancingqueen wrote: »

Only if the lease is not a "fixed term"

Unless they breach any terms in a fixed term lease, you cannot evict them.

The PRTB doesn't mention anything about a fixed lease, but that would make more sense alright. Anti-social behaviour is an evictable offense though with 7 days notice.

dancingqueen

runawaybishop wrote: »

The PRTB doesn't mention anything about a fixed lease, but that would make more sense alright. Anti-social behaviour is an evictable offense though with 7 days notice.

I only know because I had to enforce my own rights as a tenant on a fixed term lease in the past

Mrs OBumble

harry999 wrote: »

The tenants are having parties and causing lots of noise, others in the estate cannot sleep. They also parking there car in front of neighbours house. About 40% rental in estate.

Did you get the name of the garda or council officer who the neighbours reported the parties to? Did you talk to them about how bad it is?

omac

You have mail Harry999

goat2

harry999 wrote: »

I warned tenant about noise, parking etc and things are better.

If I leave tenant there for the 12 months until lease is up, and the tenant still says he is not going to leave. What rights does he have then ? Does he have more rights after living in house for 12 months, even though the lease is up?

If he has more rights after 12 months, then it would be better for me to get him out now, as I don't want him to stay there long term. Thanks

i think this is brilliant,
these people may not have known that they were making other peoples lives harder,
now that they know, they are good enough to settle down and do the right thing,
i think the action you took in speaking calmly with them and letting them know that their actions were getting you in hot water was best approach,
they had the sense to quiet down, sounds good,
you say neighbours house, it must have been only one house that is involved in this,