Can landlord evict tenant for no reason within 6 months

Finbarr Murphy

My wife's parents have an elderly neighbour who recently changed tenants in his rental property.

The new tenant is registered with the RTB however he has already fallen behind in rent despite frequent calls to pay his rent.

The new tenant has been in the property about 4 weeks. I know that previously landlords could evict a tenant without giving a specific reason within the first 6 months. Is this still the case with the new legislation?

I'm trying to help the neighbour out but with a handful of kids I don't really have time to spend hours on the computer. Any advice is appreciated.

Paulw

Some reading for you -

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Finbarr Murphy

Paulw wrote: »

Some reading for you -

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

So if I am reading the above correctly the tenancy is a fixed term (because it's a 1 year lease) and the tenant can be evicted without reason within the first 6 months as long as a valid 28 day notice is given.

dennyk

Finbarr Murphy wrote: »

So if I am reading the above correctly the tenancy is a fixed term (because it's a 1 year lease) and the tenant can be evicted without reason within the first 6 months as long as a valid 28 day notice is given.

If the tenant is under a fixed-term lease, then they cannot be evicted during the lease term unless the tenant fails to fulfill the terms of the lease, or there is a break clause in the lease allowing the landlord and tenant to terminate the tenancy early under certain circumstances (e.g. by paying a fee). Note that Part 4 tenancy rights would override any break clause in a fixed term lease once they take effect, as far as required notice periods and a landlord's allowable reason for termination.

Failure to pay rent might qualify as a breach of the lease terms, but I don't know what the laws are in Ireland for notifying on a breach of a fixed term lease or allowing the tenant to correct the breach first (e.g. the landlord might have to serve them a correct-or-quit notice first and if they pay the rent owed within the required timeframe, he may not be able to go through with the eviction). They'd want to talk to the RTB or a solicitor to get the details, as if they fail to follow the required procedures, their eviction may be deemed invalid and the tenant might be allowed to remain (and possibly seek redress for any damages).

Boater123

A fixed term tenancy cannot be terminated for no reason within 6 months. That's a periodic (month to month type lease) you may be thinking of.

And even then recent judgement's from the high courts suggest if the legislation is to be interpreted correctly, that a reason (any reason) should be given in such a case. But your neighbour is in a fixed term.

Tenant has to be notified if in breach of lease terms and given time to rectify. It's hard for a LL to break a fixed term lease due to tenants breach of terms.

Don't stress about breaches etc, in your case give the 14 day notice of rent arrears (preceded by an informal notice which has been already done by phone call though would be better if documented such as email).

Followed up by 28 days notice of termination (not) if necessary.

You need to get this procedure correct with no mistakes or you are leaving yourself open. Acting upon an invalid NOT opens a big can of kickass from the rtb for the LL.