Landlord giving me notice - how long?

BetsyEllen

Hi all

I'm hoping someone can give me some advice as my mind is a bit boggled.

I've been privately renting a house since May 2012. For the first year, I had a lease but after it finished we never officially renewed it, I just kept paying the rent each month and it rolled on.

Sadly for me, my LL has called today to advise he's moving back into the house so needs to give me a months notice.
I was so shocked and upset at the call that I didn't query this but now after doing some googling, am I right that he has to give me a lot longer than this?

I've looked at the Citizens Information website and it says for Part 4 tenancy, 6 years or longer would require 24 weeks/168 days.

Am I a part 4 tenant? I don't know what this means.
Any advice would be much appreciated.

Browney7

BetsyEllen wrote: »

Hi all

I'm hoping someone can give me some advice as my mind is a bit boggled.

I've been privately renting a house since May 2012. For the first year, I had a lease but after it finished we never officially renewed it, I just kept paying the rent each month and it rolled on.

Sadly for me, my LL has called today to advise he's moving back into the house so needs to give me a months notice.
I was so shocked and upset at the call that I didn't query this but now after doing some googling, am I right that he has to give me a lot longer than this?

I've looked at the Citizens Information website and it says for Part 4 tenancy, 6 years or longer would require 24 weeks/168 days.

Am I a part 4 tenant? I don't know what this means.
Any advice would be much appreciated.

You need a valid official notice of termination with the notice period as specified detailing the reason for termination as "landlord's own use" and a statutory declaration to that effect. Landlord must also include a provision that you must be offered it back within six months if circumstances change (ensure you give contact details to LL). If you suspect the LL is not being genuine and trying to remove you to skirt RPZ legislation, keep an eye on daft for it being readvertised.

shivermetimber

Yes you are and yes, much more notice is needed as you have seen. This also needs to be provided in written, dated and signed form with a statutory declaration, not call or text. All info on rtb website.

BetsyEllen

Thank you both so much.

That gives me some breathing space - 5 months in fact!
I have some time to save up and look around now

shivermetimber

BetsyEllen wrote: »

Thank you both so much.

That gives me some breathing space - 5 months in fact!
I have some time to save up and look around now

You're welcome. Best of luck with it though, hopefully the landlord abides by the rules when informed.

Saints#33

Before you get too excited, check the rules very closely. I remember looking last year and seeing some sort of a clause for if the owner decides to move in himself. Can't recall specifics but I'd check into it with the prtb.

Best of luck, that's a crappy amount of notice to try give you.

dudara

Saints#33 wrote: »

Before you get too excited, check the rules very closely. I remember looking last year and seeing some sort of a clause for if the owner decides to move in himself. Can't recall specifics but I'd check into it with the prtb.

Best of luck, that's a crappy amount of notice to try give you.

For a Part IV tenancy, which the OP has, the landlord can only serve notice for a small range of reasons, one of which is to move in themselves or an immediate family member. So you’re kinda right there.

However, they still need to give the right amount of notice which is 168 days for the OP, plus they need to follow the defined format. It may be the case that the landlord is genuinely not aware, or it may be the case that they’re up to something. Either way, the OP needs to let them know politely that she requires the proper notice to be served.

punisher5112

If you need time don't be in any rush to tell them.

Let them find out themselves op.

As above it must all be in writing and through correct procedure and time.

BetsyEllen

Thanks all.
I’ve always got on very well with my LL so I don’t think he’s trying to be an idiot or anything in only giving me a month. Just think he really didn’t know I was entitled to more!

We’ve had a chat anyway and he’s told me he completely understands that I want until after Christmas at least and is happy to give me as long as I need, right up to the 5 months.

And in even better news a friend contacted me today to offer me a double room in her house in a fab location and at cheaper rent than I’m currently paying.
So although I didn’t want a house share, I do have an option if I can’t find somewhere suitable in the timeframe I have.
So all is well

Thank you again for the advice.

dennyk

Depending on where you are, you may want to start looking for a place right away; it can be quite difficult to find anything out there these days, especially if you're in a hot market like Cork or (god help you) Dublin. If you don't start looking until the last minute and your friend's offer falls through for some reason, you may well end up stuck. Sounds like your landlord would probably be happy enough to let you out of your tenancy with minimal notice on your end if you do happen to find something sooner than expected, so that would be a plus.

Lantus

BetsyEllen wrote:

And in even better news a friend contacted me today to offer me a double room in her house in a fab location and at cheaper rent than I’m currently paying. So although I didn’t want a house share, I do have an option if I can’t find somewhere suitable in the timeframe I have. So all is well

If your a licensee then you won't have rights if it's her house. Your just a guest at all times.

BetsyEllen

Lantus wrote: »

If your a licensee then you won't have rights if it's her house. Your just a guest at all times.

It's better than being homeless!

BetsyEllen

dennyk wrote: »

Depending on where you are, you may want to start looking for a place right away; it can be quite difficult to find anything out there these days, especially if you're in a hot market like Cork or (god help you) Dublin. If you don't start looking until the last minute and your friend's offer falls through for some reason, you may well end up stuck. Sounds like your landlord would probably be happy enough to let you out of your tenancy with minimal notice on your end if you do happen to find something sooner than expected, so that would be a plus.

Yes I'm looking at backup options and have a friend also looking for somewhere, so we have said if my other offer falls through we'll look for somewhere together.

Lantus

ELM327 wrote:

If/when we ever move out the country again I will be looking at buying a generator to run the house during power outages. During the last 3 years living in a country house, we had many blackouts due to storms etc.

BetsyEllen wrote:

It's better than being homeless!

100% agree and my house shares were on the whole good experiences. Just to note....