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Fair notice to tenants to vacate?

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


    Bass Cadet wrote: »
    My legal position is that it's my residence. I own the house...they are renting rooms in my property which is my legal residence. i have a solicitor who has given me sound legal advice. I've started the thread to ask what's the fairest way to proceed yet I get insulted by people as a 'cowboy landlord' who have no idea whatsoever what they're talking about

    It cannot be your legal residence if you don't reside there. That's basic English and common sense and the law! You didn't even live in the same country, no lawyer can make a case for it being your residence because pure and simple it wasn't. It was your property, but not your NPPR and not your residence.


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    #33
    Bass Cadet
    Registered Users Posts: 719 ✭✭✭Bass Cadet


    Where's the hissy fit? Where are the insults? I've been called a cowboy landlord while thanking posters for their input....read the thread
    Timberrrrrrrr wrote: »
    Actually you're not.

    This is what i love about boards.

    Op's will start a thread asking for advice.

    Op's get advice from knowledgeable posters.

    Op's don't like the advice they have been given as it does not suit their agenda/ideals/opinions.

    Op's throw a hissy fit and resort to childish insults/name calling.

    Rinse and repeat site wide.


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    #34
    Timberrrrrrrr
    Registered Users Posts: 25,566 ✭✭✭✭Timberrrrrrrr


    Bass Cadet wrote: »
    Yes, I am doing the legal thing...do you own property? Do you know the details of my situation? Do you know that I returned every six months and lived there? Do you know that I paid and still pay income tax? Yet I'm not entitled to the dole...figure that one out

    You asked for advice and were not happy with the advice given, You seem to be getting very angry because people are not slapping you on the back and saying attaboy. Do what you will and i'm sure if it's all legal you will have no worries. If it's not........


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    #35
    Bass Cadet
    Registered Users Posts: 719 ✭✭✭Bass Cadet


    Timberrrrrrrr wrote: »
    You asked for advice and were not happy with the advice given, You seem to be getting very angry because people are not slapping you on the back and saying attaboy. Do what you will and i'm sure if it's all legal you will have no worries. If it's not........

    Oh I'm not worried buddy...your idea of 'anger' is strange...Thanks for the input


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    #36
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    You know what, op? Kick your tenants out, as your solicitor has suggested.

    I just hope they're smart enough to sue you for illegal eviction, report you for not registering, and tax evasion.

    Good luck.


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    #37
    Timberrrrrrrr
    Registered Users Posts: 25,566 ✭✭✭✭Timberrrrrrrr


    Bass Cadet wrote: »
    Where's the hissy fit? Where are the insults? I've been called a cowboy landlord while thanking posters for their input....read the thread
    Bass Cadet wrote: »
    I am doing the legal thing, thank you very much...keep your ignorant comments to yourself

    ;)


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    #38
    Bass Cadet
    Registered Users Posts: 719 ✭✭✭Bass Cadet


    I need somewhere to live...I've said I'll talk them in person and try to come to a mutual agreement... I don't think I've said anything unfair in the thread...in fact I've given more information than I need to.

    Thank you all for the excellent input

    wersal gummage wrote: »
    Yeah because a reputable landlord would consider putting a mattress in the kitchen and sleeping there, presumably as a way to try make your tenants lives a misery and encourage them to move out early (not withstanding the fact that you 'already live there')! If the revenue come after you,' my solicitor said' isn't going to make them go away.


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    #39
    MileyPrice
    Banned (with Prison Access) Posts: 3 ✭MileyPrice


    Temper temper Bass Cadet hahaha


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    #40
    Timberrrrrrrr
    Registered Users Posts: 25,566 ✭✭✭✭Timberrrrrrrr


    Bass Cadet wrote: »
    I need somewhere to live...I've said I'll talk them in person and try to come to a mutual agreement... I don't think I've said anything unfair in the thread...in fact I've given more information than I need to.

    Thank you all for the excellent input
    Bass Cadet wrote: »
    One guy has been there four years... one three and the other two...I'm in no hurry but I'd like to give them notice so I can get in there and clean it up...but want to give them enough time. Although two of the three have been exceptionally bad tenants ie always late with rent

    Maybe I'll just email them all formally and tell them I'll go in and talk to them about it...time they would need etc. Although nothing is in writing I think sitting down and talking is better
    Bass Cadet wrote: »
    My solicitor will give me that advice for free. I'm hoping we can come to a mutual agreement by talking to them...although one tenant is three weeks later with rent. Since I'm still legally living there maybe I'll just move in and sleep on my couch if there's any issues or stick a bed for myself in the kitchen. Thanks

    You sure do like to contradict yourself, Simple question for you.....reverse the roles.....you're the tenant and the LL turns up saying you have to leave......what would you do? I know what route i would take if someone tried to railroad me.


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    #41
    Frank Lee Midere
    Closed Accounts Posts: 3,780 ✭✭✭Frank Lee Midere


    green_screen wrote: »
    I didn't call you a cowboy landlord. I said you may become one.

    You do not live in the residence. It is not your primary residence.

    Did you instruct your tenants to withold 20% of the rent for the period you were away, to cover taxes?

    Did you register the tanancies with the prtb?

    Or did you pretend it was a rent a room scheme so that you could avoid tax?

    How can you claim you live there if all rooms have been occupied by tenants? GGetting mail to the house isn't proof.

    He's claiming rent a room because he "legally lived there". I suppose he contracted abroad and paid tax here. That's on the cusp of legality.


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    #42
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Frank Lee Midere wrote: »
    He's claiming rent a room because he "legally lived there". I suppose he contracted abroad and paid tax here. That's on the cusp of legality.

    He can't claim rent a room. He didn't live there. He lived outside of the country, with all rooms in his house rented out. Getting his letters sent to the house doesn't mean he lived there.


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    #43
    Timberrrrrrrr
    Registered Users Posts: 25,566 ✭✭✭✭Timberrrrrrrr


    green_screen wrote: »
    He can't claim rent a room. He didn't live there. He lived outside of the country, with all rooms in his house rented out. Getting his letters sent to the house doesn't mean he lived there.

    But but but

    He got sound legal advice from his solicitor :confused:


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    #44
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    WOW OP, this is not the way to ask for advice or treat the regulars of a forum.
    Your solicitor is giving you bad advice, please go get a second opinion, a paid one at that as you've got yourself in one hell of a mess.Your house maybe where you get your official correspondence sent to but you are not legally living there if all the rooms are rented out to tenants.
    I'd also like to remind you of this.....http://www.boards.ie/vbulletin/showpost.php?p=65391023&postcount=1

    The link provided early on in the thread is correct and right, those tenants are entitled to those notice periods at a minimum under Part IV tenancies (which kicked in after six months of renting in your house).
    If you attempt the illegal eviction, your tenants can go to the PRTB and you could be liable to pay out damages for that.
    If you have not registered the tenancies with the PRTB, there are also fines for that oversight.
    A disgruntled tenant may contact the Revenue - you've been assuming the rent a room scheme for the last four years; Revenue don't like that, expect a call.

    I hope you have a lot of savings to cover off the chance of having one hell of a pay out to make if you proceed in your current line of thinking.

    Alternatively, you could not act the dick, obey the law, try come to a mutually beneficial agreement with your tenants and have everyone move out/in happily. Cowboy tactics like letting yourself in and sleeping on the couch or in the kitchen will result in the tenants causing hell for you, so be very careful how you proceed.

    Mod Bit: This thread is a train wreck and I'm not happy to leave it open considering the manner in which you have interacted with the forum regulars.
    /Thread Closed


This discussion has been closed.
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