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Offering ex Tenant property back

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  • 01-11-2019 1:40pm
    #1
    10pennymixup
    Registered Users Posts: 516 ✭✭✭


    Hi,

    I gave notice to terminate tenancy to a tenant earlier this year. Got house ready for sales market but unfortunately was messed around by a buyer and the house hasn't sold. Now the sales market in my area seems to have gone deathly cold. EA blaming Brexit

    Rather than have the house empty over the Winter I'm toying with the idea of renting it again until next year. Do I have to offer the tenancy to the last tenant IF I decide to let it again? The tenant left approx 5 months ago.


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    #2
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    10pennymixup wrote: »
    Hi,

    I gave notice to terminate tenancy to a tenant earlier this year. Got house ready for sales market but unfortunately was messed around by a buyer and the house hasn't sold. Now the sales market in my area seems to have gone deathly cold. EA blaming Brexit

    Rather than have the house empty over the Winter I'm toying with the idea of renting it again until next year. Do I have to offer the tenancy to the last tenant IF I decide to let it again? The tenant left approx 5 months ago.

    yes.


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    #3
    JohnnyChimpo
    Registered Users Posts: 1,079 ✭✭✭JohnnyChimpo


    Yes, doubtful they've been waiting around for 5 months to hear from you though.


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    #4
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    Claw Hammer wrote: »
    yes.

    Thanks.

    So much has been bandied about in the last few years I'm no longer sure, there used to be a cut off of 3 months? Is there a new cut off? Or is that gone by the way?


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    #5
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    10pennymixup wrote: »
    So much has been bandied about in the last few years I'm no longer sure, there used to be a cut off of 3 months? Is there a new cut off? Or is that gone by the way?
    Seems it's now 12 months.
    https://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html
    Since 4 June 2019, if a landlord ends a tenancy because they are selling the property and it becomes available for rent again, the landlord must offer it back to the tenant that had to vacate the property within 12 months of the expiry of their notice period.


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    #6
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    the_syco wrote: »
    Seems it's now 12 months.
    https://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

    Thanks for that, puts me in an interesting position as I really don't want to have to offer it back to the tenant.

    House was inspected in January, everything basically was fine. Asked to inspect it again early May to get ready for the sale and was denied by the tenant. When I got it back it was in a poor state. Even to the point that the damages may been deliberate.

    It's galling that I would have to offer it again to them.


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    #7
    mrslancaster
    Registered Users Posts: 1,813 ✭✭✭mrslancaster


    JohnnyChimpo wrote: »
    Yes, doubtful they've been waiting around for 5 months to hear from you though.

    Unless they're still in a hub or a hotel, plenty of posts on boards about people being there for years, maybe that's why it was increased.


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    #8
    BrokenArrows
    Registered Users Posts: 7,498 ✭✭✭BrokenArrows


    10pennymixup wrote: »
    Thanks for that, puts me in an interesting position as I really don't want to have to offer it back to the tenant.

    House was inspected in January, everything basically was fine. Asked to inspect it again early May to get ready for the sale and was denied by the tenant. When I got it back it was in a poor state. Even to the point that the damages may been deliberate.

    It's galling that I would have to offer it again to them.

    Do a little social media research on your old tenant. If it looks like they have somewhere new then you can offer, otherwise just keep it off the market.

    When you offer it to the old tenant how much time do you need to give them before they move in?


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    #9
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    10pennymixup wrote: »
    It's galling that I would have to offer it again to them.
    Did you do any structural changes to the property after they had moved out?


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    #10
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    the_syco wrote: »
    Did you do any structural changes to the property after they had moved out?

    A lot of repairs but nothing that could constitute "substantial refurbishment", unfortunately.

    Broken arrows has raised something interesting though. If a LL does offer it back and tenant accepts, does a LL have to wait until the tenant works out their notice period period on their new tenancy?


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    #11
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    10pennymixup wrote: »
    A lot of repairs but nothing that could constitute "substantial refurbishment", unfortunately.

    Broken arrows has raised something interesting though. If a LL does offer it back and tenant accepts, does a LL have to wait until the tenant works out their notice period period on their new tenancy?

    I cannot imagine this would be required. Tenancies are 6 years long.


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    #12
    Countryboy2018
    Registered Users Posts: 25 ✭Countryboy2018


    what does is say in the notice of termination that you gave them , does it not say that you have to offer it back after 6months?
    If so then the new rule of 12montgs does not apply?


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    #13
    tvjunki
    Registered Users Posts: 602 ✭✭✭tvjunki


    Same here. Have a house up for sale the last 9months and 2viewings. Sil is the same and has had 2viewings. Auctioneer said the same to me as well as the banks are not lending.

    After 6months the ex tenant would have the right to stay where they are now. I can't see them wanting to moving back if they have a new place.
    In your situation you are still under the 6months rule so if you can wait a while you should be fine. If you have photos and proof of damage then you have grounds not to give it back.

    Last tenant we gave notice and they left 4months before the notice period date. The damage to the property, their furniture and rubbish cost at least 2k to fix and our time cleaning and painting the property. They also asked for their deposit back!
    If I had to give the property back to them I would go wait to be brought by to rtb and see what they say. As long as you have proof you should be fine.
    Bad tenants forget their name will appear on the rtb website for all future landlords to see. Some bad tenants are silly and think they can make a fast buck but it will back fire.


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    #14
    Woshy
    Registered Users Posts: 1,429 ✭✭✭Woshy


    I asked my solicitor the same question. We put our house on the market in June and had a few viewings but no offers for month and months. We were getting worried. Our solicitor thought 6 months but he wasn't sure and would have had to check it out if we had needed to put it up for rent again.

    Thankfully it's sale agreed now and hopefully there'll be no issues. Our other problem was we were signed into a 12 month contract with the estate agents too so that would have caused issues.


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    #15
    mrslancaster
    Registered Users Posts: 1,813 ✭✭✭mrslancaster


    any thoughts on this : what would happen if the landlord offered the property back to the old tenant and they said yes but we've signed a lease for a year in the new place so you'll have to wait.

    How long does the landlord have to wait for the previous tenant to move back in? Presumably the tenant would have to give notice to their new landlord.

    They might prefer the old place for any number of reasons.


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    #16
    Mitzy
    Registered Users Posts: 239 ✭✭Mitzy


    OP I am in a similar position.

    When did you serve notice to your tenant initially?
    If the notice was served before June 2019 then you don't have to offer it back to the tenant.
    This was confirmed by the RTB.


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    #17
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    Mitzy wrote: »
    OP I am in a similar position.

    When did you serve notice to your tenant initially?
    If the notice was served before June 2019 then you don't have to offer it back to the tenant.
    This was confirmed by the RTB.

    I would have served it way before. The termination date was early June.

    Good to know that, cheers. It helps me make up my mind what to do with the property.


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