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The lease is up and I want the tenant out

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    #32
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    OK, so facts first. The tenant has not notified the landlord in writing of their intention to stay on in the property within the required time. This does not mean they do not have Part 4 rights, however it does mean they are liable for any financial losses the landlord incurs due to the tenant's failure to vacate. So, if, for example, the landlord is paying rent elsewhere for somewhere to live, the tenant may become liable for that cost.

    As a landlord you are entitled to terminate the tenancy if you wish to use the property yourself.

    Details of exactly what the notice of termination must include and the notice periods required are here:
    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

    Note especially that the notice period starts the day after you serve notice, i.e. the day you serve notice is not part of the notice period.

    A fixed term lease doesn't mean that the tenancy comes to an end at the end of the lease, all it does is prevent either party from backing out during the fixed term period.


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    #33
    Bateman
    Registered Users Posts: 4,818 ✭✭✭Bateman


    Aka Ishur wrote: »
    If the landlord intends to sell the property within 3 months
    or for the following specific purposes:

    If the landlord needs the property for him/herself or for an immediate family member
    If the landlord intends to refurbish the property substantially
    If the landlord plans to change the business use of the property (for example, convert it to office use)[/B]

    A landlord leaves themselves open to severe penalties if any of these reasons are used fraudulently.

    Ah come on. In theory or practice?


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    #34
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Bateman wrote: »
    Ah come on. In theory or practice?

    Both.


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    #35
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    seamus wrote: »
    The tenant has not notified the landlord in writing of their intention to stay on in the property within the required time.

    Unless I've missed a clarification, I'm not sure that we can say this is true.

    Edit: just checked. There's no detail at all on what grounds, whether it be Part 4 notice periods or not, as to why the tenant might be refusing to vacate by the date in the OP. They could still merely be insisting on valid notice. The timeframe is unclear.


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    #36
    ElizKenny
    Registered Users Posts: 84 ✭✭ElizKenny


    A friend of mine was in the same situation.
    The way he handled it when the tenant decided that they didnt want to leave was to look at the rents around the place and give the tenant notice that the rent was going up to €50 above what other similar property was going for in the area. The tenant had been there 2 years without an increase in the rent.
    The tenant argued and threatened the PRTB but moved out about 2 months later, to a cheaper place.

    The tenant found a cheaper place. My friend got to move into his apartment himself.


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    #37
    harry999
    Registered Users Posts: 614 ✭✭✭harry999


    The lease is up on Feb 6th, I have told the tenants many times when speaking to them & also gave it to them in writting that lease will not be renewed. As the lease is not really being terminated/as ends on the 6th.. Do I need to give the tenants a formal letter (if you would you have an example of such a letter) that leae not renewed. Am I legally entitled to get tenant out on Feb 6th or what notice should I give/when should I expect them out ? The tenant have stopped paying rent since 24th of Dec 2014. Please outline what steps I need to take. Thanks


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    #38
    harry999
    Registered Users Posts: 614 ✭✭✭harry999


    The tenants have been in the house since Feb 7th 2014.


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    #39
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    harry999 wrote: »
    The lease is up on Feb 6th, I have told the tenants many times when speaking to them & also gave it to them in writting that lease will not be renewed. As the lease is not really being terminated/as ends on the 6th.. Do I need to give the tenants a formal letter (if you would you have an example of such a letter) that leae not renewed. Am I legally entitled to get tenant out on Feb 6th or what notice should I give/when should I expect them out ? The tenant have stopped paying rent since 24th of Dec 2014. Please outline what steps I need to take. Thanks

    Do they pay rent weekly?


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    #40
    harry999
    Registered Users Posts: 614 ✭✭✭harry999


    Yes they pay rent weekly


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    #41
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    harry999 wrote: »
    Yes they pay rent weekly

    Then follow the process for eviction for non payment of rent.

    You'll need to go and research what is required for running your business and not rely on people on an internet forum to do it for you.


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    #42
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    drumswan wrote: »
    Then follow the process for eviction for non payment of rent.

    You'll need to go and research what is required for running your business and not rely on people on an internet forum to do it for you.

    These forums would be fierce quiet if everyone did that :pac:


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    #43
    delthedriver
    Closed Accounts Posts: 4,958 ✭✭✭delthedriver


    OP have you looked at the following sites ?

    www.citizensinformation.ie

    www.prtb.ie

    www.irishlandlord.com

    It is also worth consulting your solicitor.

    Be very careful , I know of a case where landlord was stitched up by a tenant, PRTB appeal hearing. The award was c €10k !

    Utmost caution, PRTB can favour the tenant ???!!!


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    #44
    delthedriver
    Closed Accounts Posts: 4,958 ✭✭✭delthedriver


    runawaybishop wrote: »
    These forums would be fierce quiet if everyone did that :pac:

    Agree, the reason for such a thread is to exchange ideas !


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    #45
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    drumswan wrote: »
    Then follow the process for eviction for non payment of rent.

    You'll need to go and research what is required for running your business and not rely on people on an internet forum to do it for you.

    Why do you bother posting then if it causes you such bother?


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    #46
    GerardKeating
    Registered Users Posts: 7,662 ✭✭✭GerardKeating


    athtrasna wrote: »
    Those are part 4 notice periods, the op has a fixed term lease with a finish date. Those notice periods do not apply!

    Part IV notice periods tend to be longer, even if the tenant is not entitled to Part IV, giving the "extra" notice is "safer".


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    #47
    Taylor365
    Registered Users Posts: 2,994 ✭✭✭Taylor365


    delthedriver wrote: »
    OP have you looked at the following sites ?

    www.citizensinformation.ie

    www.prtb.ie

    www.irishlandlord.com

    It is also worth consulting your solicitor.

    Be very careful , I know of a case where landlord was stitched up by a tenant, PRTB appeal hearing. The award was c €10k !

    Utmost caution, PRTB can favour the tenant ???!!!

    So the PRTB find in favour of tenants that don't pay rent?

    Wouldn't surprise me tbh...


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    #48
    Aka Ishur
    Registered Users Posts: 740 ✭✭✭Aka Ishur


    GerardKeating wrote: »
    Part IV notice periods tend to be longer, even if the tenant is not entitled to Part IV, giving the "extra" notice is "safer".

    Seriously? The amount of uninformed nonsense here is frightening.

    The tenant is ALWAYS entitled to PART IV notice periods unless they, the tenant has decided to sign another lease!

    It is only the tenant who decides whether they wish to stay on after the end of the lease and whether that be on a fixed term or PART IV basis. Any decent landlord will ascertain the tenant's intentions at least a month before the end of the lease.

    If landlord wants the tenant out at the end of the lease, it can only be due to the reasons specified in my previous post in this thread and of course Part 4 notice periods apply.


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