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Landlord wants me to leave

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  • 22-05-2018 10:40am
    #1
    dubstepper
    Registered Users Posts: 595 ✭✭✭


    My landlord wants me to leave at the end of my lease. I will have been there 2 years. He says his elderly father will move in and wants to get some work done before this. The house definitely needs work done to it. I don't want to leave but understand that family members are one of the reasons you can be asked. I don't believe his father will be moving in as he is 88 and the house is a four bed three storey house. Not suitable in anyway for an elderly person.

    I am annoyed about the situation. Do I have recourse if I find the property back for rent in two months? The house probably could get another 400 if it was done up which is my suspicion? I suspect that there will be some line that the father changed his mind and that its going back to the market.

    Thanks


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    #2
    Captainsatnav
    Registered Users Posts: 915 ✭✭✭Captainsatnav


    He needs to serve you with notice to this effect, accompanied by a statutory declaration, witnessed by a solicitor, that the reason is for use by a family member. Falsely swearing a statutory declaration is an offence.


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    #3
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    That is interesting. If he provides the declaration and then says that the father changed his mind about moving in, there would be no way to prove the statement false?

    Would he cover himself by offering the house to me first? It would be no use to me in say three months as I will need to find a place to live in straight away.


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    #4
    Captainsatnav
    Registered Users Posts: 915 ✭✭✭Captainsatnav


    Then you take a complaint to the tenants board and if upheld they can direct he/she pays you compo / reinstate your tenancy or both.


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    #5
    jmBuildExt
    Registered Users Posts: 692 ✭✭✭jmBuildExt


    There is a window (I cant find the details right now, i think 6 months) where he has to offer it back to you if it becomes available (e.g. if the father doesnt move in). But after that he can let it out to others.
    Edit:
    Yep its 6 months - its covered in section 34 of the act, http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec34
    And in the declaration (only referred to as a written statement in the legislation - see below, this was changed in 2015 amendment) they have to inform you of this right.
    But you have to reply to them with your ongoing contact details within 28 days. (otherwise they can say they couldn't get hold of you)

    @Captainsatnav - the solicitor thing.... when did that come in? Never heard that before, although I didn't keep on top of the changes that came in v recently.


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    #6
    Captainsatnav
    Registered Users Posts: 915 ✭✭✭Captainsatnav


    jmBuildExt wrote: »
    There is a window (I cant find the details right now, i think 6 months) where he has to offer it back to you if it becomes available (e.g. if the father doesnt move in). But after that he can let it out to others.
    Edit:
    Yep its 6 months - its covered in section 34 of the act, http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec34
    And in the declaration (only referred to as a written statement in the legislation) they have to inform you of this right.
    But you have to reply to them with your ongoing contact details within 28 days. (otherwise they can say they couldn't get hold of you)

    @Captainsatnav - the solicitor thing.... when did that come in? Never heard that before, although I didn't keep on top of the changes that came in v recently.

    Act was amended in 2015 to make it a statutory declaration, not merely a written statement


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    #7
    jmBuildExt
    Registered Users Posts: 692 ✭✭✭jmBuildExt


    Captainsatnav wrote: »
    Act was amended in 2015 to make it a statutory declaration, not merely a written statement

    Yep just see that now - thanks.


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    #8
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    jmBuildExt wrote: »
    There is a window (I cant find the details right now, i think 6 months) where he has to offer it back to you if it becomes available (e.g. if the father doesnt move in). But after that he can let it out to others.

    This to me seems fairly useless as I will need to sign a lease somewhere else so offering me it in a few months would be worthless to me.


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    #9
    jmBuildExt
    Registered Users Posts: 692 ✭✭✭jmBuildExt


    dubstepper wrote: »
    This to me seems fairly useless as I will need to sign a lease somewhere else so offering me it in a few months would be worthless to me.

    Yeah true - but it could be useful if you're still e.g. on a friends couch.


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    #10
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    Captainsatnav wrote: »
    Then you take a complaint to the tenants board and if upheld they can direct he/she pays you compo / reinstate your tenancy or both.

    If what I think happens it might be worth doing. I suspect the following:

    * I move out due to family member moving in
    * Works undertaken to get ready for family member
    * Family member decides does not want to move
    * Back on market for higher price

    I would imagine the tenants board might find this fishy.


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    #11
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    jmBuildExt wrote: »
    Yeah true - but it could be useful if you're still e.g. on a friends couch.

    Perhaps. I have a wife and kids so no couch option for me!


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    #12
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,347 Mod ✭✭✭✭Gumbo


    dubstepper wrote: »
    If what I think happens it might be worth doing. I suspect the following:

    * I move out due to family member moving in
    * Works undertaken to get ready for family member
    * Family member decides does not want to move
    * Back on market for higher price

    I would imagine the tenants board might find this fishy.

    All the landlord has to do then is offer the place to you and he/she is covered.

    So :

    * You move out due to family member moving in
    * Works undertaken to get ready for family member
    * Family member decides does not want to move
    * LL offers place back to you
    * Back on market for higher price


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    #13
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    kceire wrote: »
    All the landlord has to do then is offer the place to you and he/she is covered.

    Yes that is my fear. They just need to offer it to me to cover themselves. Knowing that I would need to already have to have a place to live. Act doesn't offer much cover for someone renting really?


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    #14
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    dubstepper wrote: »
    kceire wrote: »
    All the landlord has to do then is offer the place to you and he/she is covered.

    Yes that is my fear. They just need to offer it to me to cover themselves. Knowing that I would need to already have to have a place to live. Act doesn't offer much cover for someone renting really?

    Act offers way too many protections for tenants especially the bad ones that is why there has been a substantial reduction in supply of rented accommodation. You are just looking at your little specific case and generalising. For example you will suffer no financial consequences if you overhold.


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    #15
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    I think it is a bit simplistic to say that it will not cost me anything. I will cost me plenty of time. I will incur a good deal of stress (already feeling it). I will need to uproot my life and move. There are not too many houses for rent, so I will probably have to pay more. It will cost me hundreds to move my belongings. The landlord, I suspect, trying to get round the act to get more rent.


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    #16
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    dubstepper wrote: »
    I think it is a bit simplistic to say that it will not cost me anything. I will cost me plenty of time. I will incur a good deal of stress (already feeling it). I will need to uproot my life and move. There are not too many houses for rent, so I will probably have to pay more. It will cost me hundreds to move my belongings. The landlord, I suspect, trying to get round the act to get more rent.

    As long as he/she abides by the law, offers it back to you if dad doesn't move in, then you can suspect what you like, the landlord will have done no wrong.


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    #17
    jmBuildExt
    Registered Users Posts: 692 ✭✭✭jmBuildExt


    dubstepper wrote: »
    Perhaps. I have a wife and kids so no couch option for me!
    Fair enough. And I know what you're saying - its one of the problems with irish rental system that tenants dont have great security going forward.
    That accepted - be sure to pass on your details though and play the game as it will give you the option down the road.....
    Think of the situation where the new place may be more expe nsive or a poorer standard, or in a worse area than your current place.

    In that case you might be glad of the offer to return.


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    #18
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,347 Mod ✭✭✭✭Gumbo


    Have you asked the landlord if he just wants to up the rent?
    Maybe you both can come to an agreement.

    If you are indeed paying so much under market value, then i'm sure he will do a deal that involves him not having to substantially renovate, look for new tenants and risk loosing a decent tenant to the unknown.


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    #19
    Askthe EA
    Registered Users Posts: 724 ✭✭✭Askthe EA


    kceire wrote: »
    Have you asked the landlord if he just wants to up the rent?
    Maybe you both can come to an agreement.

    If you are indeed paying so much under market value, then i'm sure he will do a deal that involves him not having to substantially renovate, look for new tenants and risk loosing a decent tenant to the unknown.

    Not if the LL has an ounce of sense


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    #20
    LuckyLloyd
    Registered Users Posts: 36,348 ✭✭✭✭LuckyLloyd


    If you want to protect your rights, all you can do is:

    - Wait for the correct notice, etc
    - Look for a six month arrangement elsewhere
    - mail your former landlord your new contact details within 28 days
    - have a google alert on the property and keep an eye out

    Knock on the door after a couple of months, knock on the door again a couple of months later again within the six month window.

    If they rent it out again then open a dispute with the RTB. If their elderly relative does move in or if they do leave it idle for six months well ho hum, you move on with your life.

    ==========

    Also shoot your landlord a mail / text asking them if they'd be interested in getting more rent, if that's the real issue. If they're a dope, they'll agree in writing and you can take them to the RTB after paying it for a couple of months for redress.


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    #21
    Squatter
    Closed Accounts Posts: 1,841 ✭✭✭Squatter


    kceire wrote: »

    Have you asked the landlord if he just wants to up the rent?
    Maybe you both can come to an agreement.

    If you are indeed paying so much under market value, then i'm sure he will do a deal that involves him not having to substantially renovate, look for new tenants and risk loosing a decent tenant to the unknown.

    The problem with that logical and common-sense suggestion is that it would probably screw the landlord to the ground from a legal point of view, given the government's current anti-landlord bias. (And I am not a landlord!)

    Edit - as confimed in the post immediately above this one.


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    #22
    dubstepper
    Registered Users Posts: 595 ✭✭✭dubstepper


    kceire wrote: »
    Have you asked the landlord if he just wants to up the rent?
    Maybe you both can come to an agreement..

    I don't think I could afford it tbh. It is probably not worth more in the current condition but if it was modernised (kitchen, bathrooms, floors) you could nearly put 600 on the rent. A neighbour's house which is quite similar in size but way ahead in fit out was rented last year for 1200 more. :eek: While that is not achievable there is plenty more there with investment.


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    #23
    DaraDali
    Registered Users Posts: 410 ✭✭DaraDali


    If you move into a new place lets just say paying 1200 a month and the landlord offers it back to you at 600 which he has to do legally, You can ask your new landlord to sublet the new place if they refuse you can leave if they say yes find someone to take over the lease :) 
     Or if the landlord rents out your current place with the 6month period you get a payout from the RTB , Win win for everyone


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