Quick clarification please re Part IV

tuisginideach

Tenant will be in situ 4 years in Feb 2017. Am I correct in saying that as a landlord I can inform him (with the correct notice period) that I am not renewing his tenancy after Feb 2017?

PRTB-lingo flummoxes me!

Thanks

dudara

Taken from Citizen's Information

After 4 years of your tenancy have passed, your Part 4 tenancy ends and a new tenancy begins. You now have a further Part 4 tenancy. During the first 6 months of your further Part 4 tenancy, your landlord may end it at any time without having to give a reason – though you must get 112 days’ notice (16 weeks). After 6 months you again acquire security of tenure and you are now 6 months into a further 4-year cycle.

tuisginideach

Yes, but can the landlord give notice that he is not continuing with the tenancy at all after the 4 years i.e. that as they began their tenancy on 1st feb 2013 (for example), their tenancy will expire on 31 jan 2017 and they will be required to leave on that day having been given the 16 weeks correct notice.
Is there any obligation on the landlord to offer another Part 1V?

The_Conductor

tuisginideach wrote: »

Yes, but can the landlord give notice that he is not continuing with the tenancy at all after the 4 years i.e. that as they began their tenancy on 1st feb 2013 (for example), their tenancy will expire on 31 jan 2017 and they will be required to leave on that day having been given the 16 weeks correct notice.
Is there any obligation on the landlord to offer another Part 1V?

You can issue notice to vacate the tenancy at any time- for a list of specific reasons under the Act- but without any reason whatsoever, during the first 6 months of a new 4 year cycle. You can't pre-emptively issue 16 weeks notice before the end of the 4 year cycle- so the notice period would end once the 4 year ends- you have to actually wait until the tenant has commenced a new 4 year cycle before you can issue the notice (if you want the tenant to vacate the tenancy without specifying a reason).

I.e. in the case you have outlined- you would give the tenant notice on the 1st Feb 2017- which would give the tenant 16 weeks from the 1st Feb to find new accommodation- which would then end on Wednesday the 24th May 2017.........

Of course- this is only if you want the tenancy to end without giving a reason (as prescribed under the Act). If you have a valid reason to end the tenancy as per the act (for example- you want to move back in, you need it for a family member, the property needs major work etc etc) you can give notice at any stage (unless they have a fixed term lease- which may give them additional rights to those specified in the Act).

Onthefence

I was recently advised by a barrister working on rtb tribunals that the notice can be served earlier than the end of the 4 years but the tenancy end date must still be at least 16 weeks from the end of the 4 years.
She advised serving it no earlier than 3 months before the part iv ends though.
So, in this case, notice could be served in November, December or January but the end date remains 24th May.
According to her, since a tenant has only 28 days from receipt of notice to lodge a dispute with the rtb, serving notice earlier will help to speed up the process if there is to be a hearing. Thoughts?

tuisginideach

Am I right in thinking that I cannot terminate the tenancy on the basis that (i) I want to do up the apt (after they have lived in it for 3.5 yrs) and then put it on the market to sell it?
Does the PRTB insist that I put the apt on view (if the tenants allow me to do so and clean up sufficiently to allow people to view it comfortably) with the tenants still in situ and that I cannot give them notice until we're at the stage of agreeing contracts?

The_Conductor

tuisginideach wrote: »

Am I right in thinking that I cannot terminate the tenancy on the basis that (i) I want to do up the apt (after they have lived in it for 3.5 yrs) and then put it on the market to sell it?
Does the PRTB insist that I put the apt on view (if the tenants allow me to do so and clean up sufficiently to allow people to view it comfortably) with the tenants still in situ and that I cannot give them notice until we're at the stage of agreeing contracts?

If you're selling it- and serve notice on the tenants on the grounds that you are selling it- they need their 16 weeks notice- however, you're not limited timewise- you can give them the notice at any stage.

You do have to show that you're selling it though- for example- if you simply relet it to other tenants at a higher rent- you'd be in breach of the act- or if you did up the apartment and then decided to relet it- but didn't give the original tenants first refusal- you'd also be in breach.

It doesn't say anywhere that the tenants stay in the property, facilitating viewings etc- up to contract signing etc- simply that you give notice with the reason being your intention to sell the property- and then show that you have put it on the market.

Its entirely counterproductive trying to a sell a property with the tenants still there- its not satisfactory for either tenants or landlords. The tenant has random strangers traipsing around and is worried about their belongings etc. The landlord has to show the property- with a tenants belongings all over the place- the place may not be properly cleaned (it is being lived in after all) and it may be very off-putting for some prospective purchasers.

If you're selling- give the tenant the requisite notice in the proper format- and once they've vacated the property- do it up- and organise viewings.

Note- get it done up professionally- you can't deduct your own costs or time as a taxable expense.

tuisginideach

Thanks The Conductor - that is what I hoped was true but I was confused by the Sample Termination Notice on the PRTB website which says:
The reason for the termination of the tenancy is due to the fact that the landlord intends to enter into a binding contract for sale within three months of the termination of the tenancy and to enter into an enforceable agreement for the transfer for full consideration of his or her interest in the premises.

and by the Statutory Declaration which goes with it:
Sample Statutory Declaration for Landlord intending to sell the dwelling
I, [Insert Name], do solemnly and sincerely declare that I intend, within a period of three months after the termination date, to enter into an enforceable agreement to transfer to another, for full consideration, the whole of my interest in the dwelling or the property containing the dwelling and I make this solemn declaration conscientiously believing the same to be true and accurate.
[Declarant to Sign Here] ……………………………………..

Declared before me ………………………….. a [practising solicitor] [notary public] [commissioner for oaths] [peace commissioner] [person authorised by [insert authorising statutory provision] ………………………………. to take and receive statutory declarations] by [Insert Name of Declarant]
Who is personally known to me / who has been identified to me by ……………………………… who is personally known to me and who has certified to me his/her personal knowledge of the declarant.
Or
The identity of the declarant has been established by me by reference to a [Insert Identifying document*] containing a photograph of the declarant.
This …………. day of …………….. 2016 at …………………….. [insert place of signature]

____________________________
[Signature of Witness]

*Approved Identifying Documents
1. Passport issued by the authorities of an issuing State that is recognised by the Irish Government [passport number, date of issue and issuing State must be inserted] etc etc etc

The_Conductor

If it takes longer than 3 months to enter a binding contract- good luck to them saying you've done anything wrong- as long as you can show you have put the property on the market and are genuinely making an attempt to sell the property- that is good enough.

Few enough people sign final contracts within 3 months- the incredible shortage of property on the market notwithstanding.

tuisginideach

Thanks very much The Conductor - I'll go with that!


edited to add: Final question (I hope) - do I have to do that Statutory Declaration palaver? Whart a ridiculous requirement!

athtrasna

tuisginideach wrote: »

Thanks very much The Conductor - I'll go with that!


edited to add: Final question (I hope) - do I have to do that Statutory Declaration palaver? Whart a ridiculous requirement!

An illegal eviction could cost 10k+, do you want to risk it. Do everything by the book