taking house back for my own use

Bluebells1

Ok, I just want to ask the question 'if I get my current tenants to move out so that I can have use of the house myself but decide to rent it out again at a later date, is there a timeframe within which it needs to be offered back to them. Thanks

Johngoose

If you want to carry out renovations I think you are entitled to ask the tenant to leave.

The_Conductor

Bluebells1 wrote: »

Ok, I just want to ask the question 'if I get my current tenants to move out so that I can have use of the house myself but decide to rent it out again at a later date, is there a timeframe within which it needs to be offered back to them. Thanks

There is no timeframe specified under the Act.
If you let it again- and the previous tenant were to dispute the grounds under which their tenancy was ended- it would be subject to a Residential Tenancy Board Arbitration.
If you were found to have ended the tenancy of the current tenant on spurious grounds (i.e. you said you ending the tenancy so you or your family could use the property yourselves- and failed to do so)- there could be financial considerations (the Arbitration Panel can award financial damages against you- which you of course could appeal).

It doesn't say that the use of the property by you or a family member has to be on a permanent basis. It doesn't say anything whatsoever about whether its your Principal Private Residence- or not. It doesn't say anything about you having to be there for a specific number of days- in aggregate or on a weekly basis- its entirely agnostic of all of these factors.

Simply put- if the tenant saw you reletting the property- on whatever basis- having ended their tenancy on the grounds that you wished to use the property yourself- they would have legitimate grounds for bringing an RTB case against you. Whether they would succeed or not with their case- I do not know- and couldn't comment on.

Personally- were I in your position- I would leave some deep blue water between ending their tenancy and reletting it on a part-time temporary basis- to try and mitigate against any suggestion that you used spurious grounds for ending their tenancy.

Really- at the end of the day- you are seeking what is realistically legal advice- and the safest course of action for you is to obtain a legal opinion from a solicitor who is thoroughly familiar with the amended Residential Tenancies Act, and the arbitration case law. Any posters responding to you here- with their experiences or opinions- could send you down a very expensive path- with both financial and stress considerations.

Get a proper opinion from a competent solicitor- it'll be the best money you've ever spent.

yqtwqxqm

OP, we spoke on this before.
But to recap,
Give the required notice to your tenant to move out and stick to it.
Move in yourself, or keep a room for that purpose, even if this for 1 night a month.
Let the rooms on airbnb.
If after a while you dont like airbnb or its not working out, then rent the rooms seperatley, keeping your own room in the house for yourself. You could even let that room for the nights you arent using it on airbnb if the new licencees are happy with that arrangement. Maybe give them a share of the proceeds in return for them helping out with airbnb.
Lots of options, but make sure you give the current tenant the notice you require.
Also raise the rent as high as you can and then some at the first opportunity. No point having an incompatible tenant who wont leave because the rent is too low
But speak to a solicitor to satisfy yourself that this is all ok. And a solicitor who is adept at this type of issue.

MarkAnthony

I thought it was six months myself. Perhaps that's just a guide.

OP bear in mind that's the current situation, the landscape is changing. I'm in two minds in all honesty, but that's a different thread. Practically OP either start getting proper advice or get out of renting all together, there's something not adding up here.

Bluebells1

Thanks everyone for the advice