Need Tenants to go so we can sell

whatcanwedo

Hello all, Ive set up a new account here in case tenants are on the forum...Basically we are trying to get tenants to leave so we can sell the property. We need to sell financially at this point. Our Tenants have been in the property for 11 years now, a really nice property and they are paying below rental rate in the area. We gave them notice as requested last year to be ready to move in May. I believe they were looking for a place at this stage but not exactly desperately doing so. Then covid happened and everything went boom. We told them to stay as they were for that time as we live far away and couldnt do much about selling or anything. We both agreed we would do this on a rolling monthly contract. Roll on mid August and as rent evictions were lifted we finally got to issue them with a months notice to vacate. They should be out by the 13th September (10 days away) but Im doubtful. They are saying it is next to impossible to find a place in our area and they have viewed any house that has come up but still not found anything. They thought they had a place last week and then emailed us yesterday to say Estate Agent had given in to another client. hmmm. I need to get back in to my house asap but Im worried they're going to drag this on to the end of the month or something. Am hearing horror stories about tenants who refuse to leave in this scenario. please advise is there anything further I can do to get them to leave by next Sunday?

theteal

Unfortunately OP, all you can do is make sure all notices are issued in accordance with the law and hope for the best. They very much have the upper hand here - probably been advised to over-hold by a certain agency. This could drag out a LOT longer than the end of the month. As long as they continue to pay the rent then I would say you're in a better position than some.

crossmolinalad

11 years in your property , think one month to vacate the property is way to short

punisher5112

They could well stay, you could be at least a year trying to get them out and without rent.... This is worst case, I'd suggest you look for places and see, give a good reference and see would this help as you could even contact the la or LL of new place.

Its a tough one but as above the ball is in their court and you can only follow the laws written out.

Keep on top of everything and in writing and make sure dates are correct and registered letter too or proof you posted in door such as video or photo of you doing so.

punisher5112

crossmolinalad wrote: »

11 years in your property , think one month to vacate the property is way to short

Read the post... Last year notice was given

DubCount

1 months notice does not sound sufficient. Have you checked out the notice periods required and was the notice given in the exact correct format?
https://www.rtb.ie/new-changes-to-rental-legislation/new-notice-of-termination-obligations-and-procedures/?gclid=Cj0KCQjwhb36BRCfARIsAKcXh6FfKJofLyGxJMk_QLJMK2tNI-wdVNviunmSPSq6Zt5iu3Fy9xZhoocaArbOEALw_wcB

Even if everything is done correctly, if the tenants decide not to move, you'll have to start a case with the RTB. If the tenants are determined to stay, the whole process could take well over a year.

Maybe look for a solicitor to act on your behalf as you live far away and are probably not familiar with the eviction process.

Sorry, but that's the system we have.

punisher5112

DubCount wrote: »

1 months notice does not sound sufficient. Have you checked out the notice periods required and was the notice given in the exact correct format?
https://www.rtb.ie/new-changes-to-rental-legislation/new-notice-of-termination-obligations-and-procedures/?gclid=Cj0KCQjwhb36BRCfARIsAKcXh6FfKJofLyGxJMk_QLJMK2tNI-wdVNviunmSPSq6Zt5iu3Fy9xZhoocaArbOEALw_wcB

Even if everything is done correctly, if the tenants decide not to move, you'll have to start a case with the RTB. If the tenants are determined to stay, the whole process could take well over a year.

Maybe look for a solicitor to act on your behalf as you live far away and are probably not familiar with the eviction process.

Sorry, but that's the system we have.

Read the post

Del2005

crossmolinalad wrote: »

11 years in your property , think one month to vacate the property is way to short

They have had much more than a month to leave to vacate, they should have been out in May and it's now September.

XsApollo

I know it’s your house and their problem to leave, maybe if you see places advertised around the area.
Contact the landlords and letting agents that you’re a landlord yourself and want to help home the tenants, good tenants 11 years in your property and no issues with them, will help them get a place easier I imagine.

Will be less of a headache for you I imagine instead of it dragging out.

whatcanwedo

thanks all. If they are not out by the end of the month I will call to them to ask them to leave. They have paid rent until the end of the month as it was due yesterday. so I suppose at least yes they are at least paying. The Estate Agent I am dealing with on selling the house is trying to find a place with them. She did say that because of covid etc there is no movement going on in this area. Only 2 houses were available and they seemingly looked at those and said they would take one of them but it fell though as the owner offered it to someone else. Not sure to believe the Estate agent on that tbh. also not really my problem if they cant find somewhere in that area, they should be looking further afield I think?

DubCount

punisher5112 wrote: »

Read the post

I did read the post. The OP seems to have agreed to some kind of monthly rolling agreement with the tenant. IMHO this supersedes the original notice so I reckon they are now in a position where they have given the incorrect notice period, and in a format not described by the RTB. If they go to the RTB now, I reckon they will be ripped apart.

OP tried to play nice - that could badly bite them in the ass.

rightmove

start preparing for the rtb. Dont allow any more slippage. Have the submission ready to go the first day they overhold. Its not your job to get them a new place. This is hardly a surprise to them and will things be easier in 1 month 5 months 10 months etc...not on your nelly. Aim to just get them out by hook or crook would be my advice. You sound like you have been reasonable and the very thing they want to keep is the low rent which was as a result of your generosity

punisher5112

DubCount wrote: »

I did read the post. The OP seems to have agreed to some kind of monthly rolling agreement with the tenant. IMHO this supersedes the original notice so I reckon they are now in a position where they have given the incorrect notice period, and in a format not described by the RTB. If they go to the RTB now, I reckon they will be ripped apart.

OP tried to play nice - that could badly bite them in the ass.

They couldn't put them out due to covid.

whatcanwedo

rightmove wrote: »

start preparing for the rtb. Dont allow any more slippage. Have the submission ready to go the first day they overhold. Its not your job to get them a new place. This is hardly a surprise to them and will things be easier in 1 month 5 months 10 months etc...not on your nelly. Aim to just get them out by hook or crook would be my advice. You sound like you have been reasonable and the very thing they want to keep is the low rent which was as a result of your generosity

thanks, can I ask what do you mean slippage? Does it matter if we are not registered with the RTB? Can I still go to them once the tenant goes over? Im thinking I may withhold their deposit also for the hardship this is causing?

DubCount

DubCount wrote: »

......The OP seems to have agreed to some kind of monthly rolling agreement with the tenant. IMHO this supersedes the original notice......

Why would you think that?

whatcanwedo

punisher5112 wrote: »

They couldn't put them out due to covid.

yes we couldnt evict during covid period April to August so the new notice began 2 weeks ago, and they still have no place!

Smee_Again

whatcanwedo wrote: »

Im thinking I may withhold their deposit also for the hardship this is causing?

You can't be doing that.

Masala

Wow.... reading all the above makes me feel glad I am not a Landlord.

If I ever inherit a house... I am going straight For Sale and put the cash in the Bank. (in lots of €100k to endure I can avail of the Govt Guarantee if one fails!)

Not a major worry for me anytime soon!!!

dubrov

Its a sad fact that the cheaper the rent is for a tenant, the more likely they are to try and cling on when you go to sell.

You should get proper advice on whether the eviction notice is valid. If it isn't, the tenant could contest it with the RTB and you would have to start the whole process again. In addition to this, the RTB will fine you for non-registration.
I hope your rental income is fully declared as well as if it gets messy, the tenant might also report you to Revenue.

Your best bet is to try and keep things amicable as your only other alternative is to force them out through the courts and that could take a long time and get very expensive.

Gumbo

whatcanwedo wrote: »

thanks, can I ask what do you mean slippage? Does it matter if we are not registered with the RTB? Can I still go to them once the tenant goes over? Im thinking I may withhold their deposit also for the hardship this is causing?

Tenancy should be registered with the RTB.
Why should you be able to avail of the RTB services when you haven’t registered or paid the fee?
Why would you withhold their deposit when they’ve Ben good tenants for 11 years?

LL like you give the rest of the genuine ones a bad name.

Smouse156

dubrov wrote: »

Its a sad fact that the cheaper the rent is for a tenant, the more likely they are to try and cling on when you go to sell.

You should get proper advice on whether the eviction notice is valid. If it isn't, the tenant could contest it with the RTB and you would have to start the whole process again. In addition to this, the RTB will fine you for non-registration.
I hope your rental income is fully declared as well as if it gets messy, the tenant might also report you to Revenue.

Your best bet is to try and keep things amicable as your only other alternative is to force them out through the courts and that could take a long time and get very expensive.

Pay them off! Cover the first month’s rent in the new place and you’ll be done with it. Otherwise you might be in for a long hard slog! It’s not exactly fair on you but the system heavily favours tenants

jrosen

Why did you not register the house?

Are you fully tax compliant?

Regarding the notice? I know you initially gave notice last year but im not sure if that still stands because you made a new rolling agreement.

Get your ducks in a row. If they are paying below market rate they are not going to want to move, especially if it means paying more for less

whatcanwedo

Smouse156 wrote: »

Pay them off! Cover the first month’s rent in the new place and you’ll be done with it. Otherwise you might be in for a long hard slog! It’s not exactly fair on you but the system heavily favours tenants

What?! no way, the opposite, They wont get any deposit back unless they are out in time tbh...

punisher5112

whatcanwedo wrote: »

What?! no way, the opposite, They wont get any deposit back unless they are out in time tbh...

Can't be withheld

Deebles McBeebles

whatcanwedo wrote: »

What?! no way, the opposite, They wont get any deposit back unless they are out in time tbh...

At this point, I'm calling shenanigans. 2/10.

Gumbo

whatcanwedo wrote: »

What?! no way, the opposite, They wont get any deposit back unless they are out in time tbh...

Mod Note.

Ok OP. I think you’ve got your answers by now.
If you want to open a more serious thread please do so with the nonsense posts about illegal activity.