Tenant asked to leave

dreamers75

Foreign girl I work with is renting a house in Lucan for €1600 a month for the last 18 months.

Landlord asked her to move out as he was renting it to someone else.

No lease despite asking for it numerous times, its not on the PRTB website so guess she is screwed?

She has 6 weeks to move out now ( Landlord asked her 6 weeks ago said 3 months notice was enough)

I suggested find somewhere else to live, does she have any other options?

Baby01032012

Of course she does. Lease or no lease she has been a tenant unless the owner or a relative of owner has also been living there?

As 6 months have passed she has part Iv rights to continue in situ for up to 6 years unless given notice for a valid reason of which moving someone else in is not valid.

How does she pay rent. Does she have proof of payment to landlord?

How was notice given? Not that it matters really as it would not have been for a valid reason.

Gatling

She should lodge a complaint to the RTB sounds like a cowboy

dudara

It doesn’t matter if it was not registered with the RTB. The legal protection still applies.

There is one point to clarify first though. Was the landlord living in the same property?

theteal

"Follow thread" - this could be good.

She's got lots of rights here Dreamers. In fact, if all is as clear as you say, this could be very costly for the landlord.

She got Part IV rights after 6 months regardless of lease or PRTB registration.
Do you know who the LL has lined up to rent it to?
Do you know how the notice was provided to your friend?

10pennymixup

Slow the horses lads, tenant or licencee question to be answered first!

theteal

10pennymixup wrote: »

Slow the horses lads, tenant or licencee question to be answered first!

I did consider that but surely €1600 for a house in Lucan is tenant country?

10pennymixup

theteal wrote: »

I did consider that but surely €1600 for a house in Lucan is tenant country?

Considered that too, but thought it best to be sure before advising the op that it could be very costly for the LL. Talk like that from a licensee could prove very costly too.

terrydel

Not being registered with the rtb is a lot bigger problem for him than her.
She can still lodge a complaint, I'm sure revenue would be interested to know hes a landlord too.

Dav010

Landlord can register with RTB at any time by paying late reg fee.

I don’t read anything in the op that suggests LL is not tax compliant, there is no mention of cash in hand.

Op, is the property owner or a close relative living in the property?

terrydel

Dav010 wrote: »

Landlord can register with RTB at any time by paying late reg fee.

I don’t read anything in the op that suggests LL is not tax compliant, there is no mention of cash in hand.

Op, is the property owner or a close relative living in the property?

I'd hazard a guess that most who don't register with rtb do it for, amongst other reasons, the purposes of being more likely to avoid having to pay tax on the income.

Dav010

terrydel wrote: »

I'd hazard a guess that most who don't register with rtb do it for, amongst other reasons, the purposes of being more likely to avoid having to pay tax on the income.

Actually I suspect it has more to do with apathy, not wanting to pay the fee, frequency of tanancies rather than attempt to evade tax.

You understand that Revenue have a list of all properties owned through property tax register and rents paid in to bank accounts are subject to taxation which can’t be hidden? I don’t see why you would assume tax evasion is possible by not registering with RTB.

terrydel

Dav010 wrote: »

Actually I suspect it has more to do with apathy, not wanting to pay the fee, frequency of tanancies rather than attempt to evade tax.

You understand that Revenue have a list of all properties owned through property tax register and rents paid in to bank accounts are subject to taxation which can’t be hidden? I don’t see why you would assume tax evasion is possible by not registering with RTB.

I dont assume it, but I'd be fairly certain a lot of landlords do, and thats their motivation not to register. Whether they are mistaken is a different matter.

Dav010

terrydel wrote: »

I dont assume it, but I'd be fairly certain a lot of landlords do, and thats their motivation not to register. Whether they are mistaken is a different matter.

You don’t assume it, but you are fairly certain it is tax evasion? What do you base this certainty on considering it in no way helps in the evasion of tax?

Graham

Mod Note

This guesswork isn’t particularly helpful to the OP.

Nomis21

If the Landlord plans to move in a close relative to the property, he can do that legally...

dreamers75

She rents with her partner and kids, they are the only people in the house. Owner lives in another house and works abroad.

Money is paid via bank so receipts are there or proof of.

Cheers for the replies, I assumed no lease meant no rights.

Samuel T. Cogley

dreamers75 wrote: »

She rents with her partner and kids, they are the only people in the house. Owner lives in another house and works abroad.

Money is paid via bank so receipts are there or proof of.

Cheers for the replies, I assumed no lease meant no rights.

Do you know who the LL proposes to move in?

Graham

Mod Note

Folks I've deleted multiple off topic posts. Feel free to start a separate thread to discuss taxation.

dreamers75

Samuel T. Cogley wrote: »

Do you know who the LL proposes to move in?

His niece is being moved in.

LL has 6 properties and expects cash for rent, she has paid him with bank sometimes and sometimes cash (only found this out)

So she needs to go to PRTB with whatever receipts she has for rent and state she is living there 18 months and is being evicted?

Is the 3 months verbal notice sufficent on the LLs part?

Tow

<SNIP>

dudara

dreamers75 wrote: »

Is the 3 months verbal notice sufficent on the LLs part?

In short, no.

Legally, the landlord hadn’t served a valid notice of termination. Therefore your friend is legally entitled to continue to live in the property until such time as she receives a correct notice.

The notice must be written and follow a particular format. It must give the correct notice period and it must be accompanied by a statutory declaration stating why the landlord requires the property back. More details below

https://onestopshop.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/landlords-grounds-for-ending-a-tenancy/