Giving Notice at the start of a New Lease

remembering

Hi

Tenants living in apartment 1 year. They have just signed a new lease. Can an owner of the apartment give them notice now because they need to move in? Am i correct in saying it would be 2 months notice?? Thanks

davo10

Can't give notice and evict if tenant has a fixed term lease until the lease expires. You can only give notice if you want to move in if the tenant has a Part 4 tenancy.

remembering

I just rang citizens advice and they said I definitely could but i would have to give the correct amount of notice???

davo10

remembering wrote: »

I just rang citizens advice and they said I definitely could but i would have to give the correct amount of notice???

Citizens advice are definitely wrong, if your tenant recently signed a fixed term lease, say for a year, then you cannot evict them during that term unless they breach the lease.

remembering

Thanks . What if they didn't sign a new lease for the new year??

davo10

remembering wrote: »

Thanks . What if they didn't sign a new lease for the new year??

If no fixed term lease was signed, as long as the tenant was there for more than 6 months they have part4 tenancy rights and you could evict if you wanted to move in, provided you serve them with the correct notice of termination. If they signed a term lease, then they have a right to stay until the end of that term.

You said in your op that they have signed the lease though.

https://onestopshop.rtb.ie/ending-a-tenancy/ending-a-fixed-term-tenancy/

remembering

Thanks a mil . Much appreciated

10pennymixup

Does the lease have a break clause in it?

remembering

Not sure cause my ex deals with lease side of things. I need to see a copy I guess ������

dudara

It’s not straightforward to answer. Does the lease have a break clause? Once we know that, then we can give more accurate advice.