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Long Term Lease Meaning

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  • 01-05-2018 10:04pm
    #1
    wotzgoingon
    Registered Users Posts: 14,309 ✭✭✭✭


    Hi all I am a landlord but recently I started thinking about moving into my own property for myself. The tenants done nothing wrong and are a family with a few kids and are on the HAP scheme. Every year well the past two anyway I give them a tenancy agreement which they ask for and for some strange reason I put down the property is available to them as a long term lease on the letter.

    How long do i have to give them in order to evacuate them?

    The last lease was giving to them in January this year. I'm thinking I will have to wait till after Christmas next year which is a bad time to be removing a family with kids.


Comments

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    #2
    dennyk
    Registered Users Posts: 1,701 ✭✭✭dennyk


    What is the term specified in the lease? If there is no term defined, it's not a fixed term lease and they likely just fall under Part 4, so you'd just have to give them adequate notice as per the statutory guidelines depending on their total length of tenancy. The phrase "long term lease" alone doesn't refer to a specific duration; its meaning varies depending on context, though generally it refers to lease terms of many years, e.g. in the case of determining Local Property Tax liabilities for a tenant by Revenue, they consider a "long term lease" any residential lease agreement or tenancy of 20 years or more.


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    #3
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Just give them the required notice. I also wouldn't care at what time of the year your tenants find themselves out !! They are not your concern. Be glad that they actually vacate the place on the required date


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    #4
    ross2010
    Registered Users Posts: 67 ✭✭ross2010


    Afaik you need to wait until the fixed term lease expires before you can serve them notice. So on the day after it expires serve the notice with the declaration giving the correct notice period based on how long they have lived in the property.


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    #5
    wotzgoingon
    Registered Users Posts: 14,309 ✭✭✭✭wotzgoingon


    Cheers guys. I will wait till November/December this year so they know they will have to be out by January.


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    #6
    ross2010
    Registered Users Posts: 67 ✭✭ross2010


    The clock doesnt start ticking until you serve a VALID notice. It cannot be served until after the fixed term lease expires. If thats jan 1st then on jan 2nd you serve the notice. How long that notice period is depends on when they moved in. Best to get a solicitor do up the notice for you.


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