Evicting tenants as I’m selling the house.

Cocobeans101

I just want to check that I have everything here correct. I’m evicting tenants as I want to sell the rental house.



I inherited the house last year with the tenants in place. Even though I only own the house a year, I want to give them their full notice. The longest is there 4 years so I believe that’s 112 days.





I have the template eviction from the RTB. And I have the declaration signed that I’m selling the house (it’s been witnessed by a solicitor).



I really need this to sell as I want to put an offer in on another house.



Is there anything else I need to do? I’ve had one really demanding tenant and I’m afraid he will cause trouble for me.



How do I record the fact that they have received their notice to leave.



Thank you!

antoinolachtnai

The thing you need to do is get a solicitor and get them to look over everything.

You will need a solicitor anyway to sell.

It’s just that you may not understand the subtleties yourself. For example, the procedure you describe above is to terminate a tenancy. It is not the procedure to evict a tenant nor does it put you in a position to evict a tenant. Eviction is a word with a very specific meaning.

You could get away without a solicitor and it would probably be ok, but it is best if so much is riding on this. Of course a solicitor is not a guarantee that things will work out. If the tenant doesn’t leave then you have a problem. This is unlikely but you need to be as prepared as possible if it does happen.

Cocobeans101

Thanks antoinolachtnai. I'll look at getting a solictor as I wasn't going to sell until September I haven't engaged one yet.

Cash_Q

+1 for the solicitor. We just bought a house that had a tenant living here; she challenged her notice and secured an additional 7 months here. Luckily for us she left in the interim but it would have held us up. Had the vendor's solicitor aided him with serving the notice they may not have had the opportunity to challenge it.

If your decision to sell in September is based on waiting for them to be gone you don't need to wait either. You can arrange viewings while they live there once they are given adequate notice.

It's unfortunate for them but you have a right to do as you wish with your property and hopefully they will not attempt to obstruct the sale.

ted1

Are they are on separate leases ? Are they leasing the room or the house as a whole ?

hawkelady

Do not have viewings while the tenants are still there!! It will attract much more attention when the place is vacant ..
tenants will have no gain in having the place clean etc, best of luck with it. It's the right time to sell.

the_syco

If they want to leave early, agree to it. Also agree to give them back their deposit on the day they move; it'll ensure they move out quicker.

ted1

Then they may be considered to be licencees and as such have no right and you could evict them today.

You should look into see if they are licencees or tenants.

https://www.rtb.ie/media-research/publications/licensees-in-private-rented-accommodation

looks like you fall under item 3 below...

**********************


What is a Licensee?

A licensee is a person who occupies accommodation under license. Licensees can arise in all sorts of accommodation but most commonly in the following four areas;
1.persons staying in hotels, guesthouses, hostels, etc.,
2.persons sharing a house/apartment with its owner e.g. under the ‘rent a room’ scheme or ‘in digs’,
3.persons occupying accommodation in which the owner is not resident under a formal license arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants, and
4.persons staying in rented accommodation at the invitation of the tenant.
************************************************

beauf

Do you not have a lease with the details?

Cocobeans101

They had/ have no lease.

beauf

You need to make super sure that is the case.

http://www.citizensinformation.ie/en/housing/renting_a_home/sharing_accommodation_with_your_landlord.html#la4956

Selling a house is never quick. Getting people to leave is also slow. So be realistic with your expectations.

Cocobeans101

Thanks. I think it's very unclear where I stand. I think i'm being realistic. I'm giving them 120 days notice and THEN I intend to sell the house. I'm willing to give them the notice regardless of their staus or tenant or licencee but I don't want to battle it out about the 120 days.

beauf

You might be lucky and they will accept it. But I think they will wait the 120 days then raise an objections.

Cuddlesworth

Cocobeans101 wrote: »

I inherited the house with the tenants in the house. The each pay me separtely for each room. I pay for a cleaner for the house and when one tenant moved out. I didn't charge them for the empty room.

They started to have guests over in the room and I asked them not to but they argued they rented the whole house so it wasn't my concern.

I said no, they rent rooms but I didn't pursue it as I decided to sell.

No leases at all

Didn't pursue it as in, you let them do it. Or didn't pursue it as in told them they were not allowed and left it at that. Either way, sounds pretty much like they are licensees which makes it easier for you.