What constitutes contact details

pc7

We looked after a property for a family member living abroad. They were moving home in May to this house. So we gave tenants required notice (let them stay longer than required) earlier this year. Also that extensive work would be carried out (to prep for family members return).
So now family member has decided to go back to foreign country and work things out.
From PRTB it says if within 6 months (will need to check file) we should reoffer to previous tenant if they have 'kept us updated with their contact details'
So what constitutes updated? We have their email and mobile from when they were tenants, don't have their new house details. Should we just text/email if within 6 months? The rent hadn't been increased in 3 years so can it be raised as part of this offer to live in house again?
Had hoped to ring prtb today but didn't get a chance and would like to get things moving ASAP as don't want house empty. Tia

Paulw

Contact details would be just that - a way to contact them. Phone and email would both be valid contact details.

I don't believe that you can up the rent now, if the same tenant returns, but I am open to correction on that point.

pc7

Ok thanks for that. Can we set a time limit, eg give them the chance to give current landlord say one months notice? Don't want it empty too long or hassle with insurance etc.
I'll report back either way on prtb advice as may help others going forward.
Bummer about rent for family member as hasn't been increased in 3 years so well below market rate.

hopskipandjump

What the PRTB mean is that you if have registered their details with them when you first registered the tenancy and if the details haven't changed, the initial registration fee will stand.

If that tenant has signed a lease in their new property, they stand to lose their deposit if they leave before the term is up. To answer another question, a landlord is entitled to increase the rent after 2 years. However, I would choose a good tenant over increased rent any day.

Are the owners aware that there are other tax issues when you are living outside of Ireland?

pc7

Yes fully tax compliant in terms of overseas status with revenue and registered tenancy with prtb. We just deal with day to day issues on ground for them.

The_Conductor

Paulw wrote: »

Contact details would be just that - a way to contact them. Phone and email would both be valid contact details.

I don't believe that you can up the rent now, if the same tenant returns, but I am open to correction on that point.

The tenant was there for 3 years without a rent review- I don't see why the rent can't be reviewed at open market rates now. Its in keeping with the spirit of the Act. The agent is doing his best to be as fully compliant as they possibly can- but they're under no obligation to offer the property back to the tenant at less than market rates (or to recontinue the tenancy on the previous terms).

pc7

Turns out written notice was given in January with correct number of days notice (actually gave them extra) so no need to reoffer it to them, which means she won't lose out based on them taking it giving notice. Thanks for replies.

Michael D Not Higgins

pc7 wrote: »

Turns out written notice was given in January with correct number of days notice (actually gave them extra) so no need to reoffer it to them, which means she won't lose out based on them taking it giving notice. Thanks for replies.

Do you mean more than 6 months have passed since they were issued notice? The Act requires it to be offered back if they vacate during the 6 months after expiry of the notice. What date was expiry of the notice and what date did the family member move out?

pc7

Michael D Not Higgins wrote: »

Do you mean more than 6 months have passed since they were issued notice? The Act requires it to be offered back if they vacate during the 6 months after expiry of the notice. What date was expiry of the notice and what date did the family member move out?

Yeah sorry since notice to terminate tenancy. They were given correct notice in January to vacate in March, let them stay until April to facilitate them finding a new place. Works were done refurbishing April/May. Family member arrived back end of May, has just left now, so is available now in next week or two.

Michael D Not Higgins

pc7 wrote: »

Yeah sorry since notice to terminate tenancy. They were given correct notice in January to vacate in March, let them stay until April to facilitate them finding a new place. Works were done refurbishing April/May. Family member arrived back end of May, has just left now, so is available now in next week or two.

If their notice expired in March then the family member would have to be there until September to get around the 6 month rule. You need to give them first refusal.

Aye Bosun

Paulw wrote: »

I don't believe that you can up the rent now, if the same tenant returns, but I am open to correction on that point.

So if a landlord does major refurbishment on a property and makes the house 'high end' to generate a higher rent..surely he doesn't have to offer the last tenants the place at the same price before the refurbishment?
Fair enough they get first refusal but if a house was say worth €1000/m before the refurbishment and €2000/m after, how's that work?

whomitconcerns

But you can increase the rent to market rates.

pc7

Michael D Not Higgins wrote: »

If their notice expired in March then the family member would have to be there until September to get around the 6 month rule. You need to give them first refusal.

Brill thanks for clarification, will email them today. Can I set a date eg. lease needs to start in 2 weeks? Also it will be at a higher rate, was well below market rate even before works carried out. An additional room has been added to the house.

Michael D Not Higgins

pc7 wrote: »

Brill thanks for clarification, will email them today. Can I set a date eg. lease needs to start in 2 weeks? Also it will be at a higher rate, was well below market rate even before works carried out. An additional room has been added to the house.

There's nothing on a time limit from the Act, I'd just offer and see what they say. It's certainly left a bit of common sense on the time so 2 weeks seems fair enough.

It's likely they have already settled somewhere else so they won't take you up on the offer anyway.

Michael D Not Higgins

Aye Bosun wrote: »

So if a landlord does major refurbishment on a property and makes the house 'high end' to generate a higher rent..surely he doesn't have to offer the last tenants the place at the same price before the refurbishment?
Fair enough they get first refusal but if a house was say worth €1000/m before the refurbishment and €2000/m after, how's that work?

It's a new tenancy so rent can be set at the start. If 2000 is the market rate then that's the rate.

pc7

Thanks really helpful thanks everyone.

pc7

Tenant got back is working abroad so doesn't need the place, told them if they are ever coming back and looking to give me a shout. All sorted Now to find tenants!

The_Conductor

And closed.