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50% Rent increase outside RPZ

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    #32
    killbillvol2
    Registered Users Posts: 5,178 ✭✭✭killbillvol2


    Comment_below wrote: »
    Worst case scenario they move out within the 90 days rent review period and/or stop paying but I'll still have the payment from the Council.

    What do you mean by this? Did you buy the property while the council has a long term lease on it?


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    #33
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭JimmyVik


    OP why dont you just do a clean break and terminate the tenancy if you want to move in.
    It will be much cleaner than dragging this out for longer.

    I get that you just want to do what you wish with a house that you bought.
    But a clean break would be the best way for all parties concerned to proceed.
    If the tenant doesnt want a clean break then it may take you some time to go through the RTB and the courts but at least it will be done.
    Then after that you rent it out by the room if you plan on living there yourself or using it as a base when you are in town.

    Also if it is a long term lease with the council there will be a clause in it for a rent review every 3 years to market rent.
    If its hap, its just a normal tenancy that you serve notice on in the usual manner.


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    #34
    Comment_below
    Registered Users Posts: 221 ✭✭Comment_below


    killbillvol2 wrote: »
    What do you mean by this? Did you buy the property while the council has a long term lease on it?

    Where did you get that the property has a long term lease on it? It's under the HAP scheme which the Council pay me on behalf of the tenant, the council aren't my tenant and I never alluded to such.


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    #35
    Comment_below
    Registered Users Posts: 221 ✭✭Comment_below


    JimmyVik wrote: »
    OP why dont you just do a clean break and terminate the tenancy if you want to move in.
    It will be much cleaner than dragging this out for longer.

    I get that you just want to do what you wish with a house that you bought.
    But a clean break would be the best way for all parties concerned to proceed.
    If the tenant doesnt want a clean break then it may take you some time to go through the RTB and the courts but at least it will be done.
    Then after that you rent it out by the room if you plan on living there yourself or using it as a base when you are in town.

    Also if it is a long term lease with the council there will be a clause in it for a rent review every 3 years to market rent.
    If its hap, its just a normal tenancy that you serve notice on in the usual manner.

    It's under HAP scheme therefore normal tenancy applies..
    Yes you're probably right about just serving notice of termination and be done with it.


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    #36
    JimmyVik
    Registered Users Posts: 5,367 ✭✭✭JimmyVik


    Comment_below wrote: »
    It's under HAP scheme therefore normal tenancy applies..
    Yes you're probably right about just serving notice of termination and be done with it.


    I think that would be the best case for you.
    otherwise you will just be back in the same situation again.
    Might as well bite the bullet and get your house back for yourself now and then move on from there, instead of kicking the can down the road.


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    #37
    killbillvol2
    Registered Users Posts: 5,178 ✭✭✭killbillvol2


    Comment_below wrote: »
    Where did you get that the property has a long term lease on it? It's under the HAP scheme which the Council pay me on behalf of the tenant, the council aren't my tenant and I never alluded to such.

    You alluded to still having payment from the council when the tenant moved out but like a lot of what you've posted it was unclear.


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    #38
    Comment_below
    Registered Users Posts: 221 ✭✭Comment_below


    killbillvol2 wrote: »
    You alluded to still having payment from the council when the tenant moved out but like a lot of what you've posted it was unclear.

    Can you show me where you think I alluded or said that?


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    #39
    killbillvol2
    Registered Users Posts: 5,178 ✭✭✭killbillvol2


    Comment_below wrote: »
    Can you show me where you think I alluded or said that?

    I already did. What part don't you grasp?

    Worst case scenario they move out within the 90 days rent review period and/or stop paying but I'll still have the payment from the Council.


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    #40
    Comment_below
    Registered Users Posts: 221 ✭✭Comment_below


    killbillvol2 wrote: »
    I already did. What part don't you grasp?

    Worst case scenario they move out within the 90 days rent review period and/or stop paying but I'll still have the payment from the Council.

    My faux pas, the 'and' should not have been there, it was late. However had the tenant stopped paying the top up and remained in the property I would still have the payment from the Council. If tenant stopped paying their contribution to the council that would be an issue not only for me but clearly says in the agreement that failure for the tenant to pay their contribution would affect future HAP applications by the tenant.


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    #41
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Comment_below wrote: »
    Am I right in thinking that rent increases can happen right now?

    I was under the impression it was from 22nd April? (10 days from the 12th April end of Level 5 lockdown)
    You can tell the tenant that you intend to raise the rent now, which will come into effect in 90 days.
    Comment_below wrote: »
    Yes, as I will be living there for 8 to 9 months of the year for work.
    Evict current tenant for reason that you'll be moving into the house. Rent out rooms if you want after you move in, and make it your primary place of residence for tax purposes.

    Eviction notice is 180 days, if he's only been there for 5 years.
    Comment_below wrote: »
    However had the tenant stopped paying the top up and remained in the property I would still have the payment from the Council.
    No. Tenant pays to you and the council. If the tenant stops paying the council, the council stops paying you.

    If the council pays you regardless of the tenant paying you or not, the council may have done a 10 or 20 year lease with the previous LL.
    Comment_below wrote: »
    I have a 3 bed property that I bought with a single tenant insitu and they've been paying their share of rent on time. I say 'their share' as the Council pay me the majority through the HAP scheme. The single tenant is no issue and keeps place clean and tidy and has been there 5 years.
    Did you buy it 5 years ago, or less? Have you seen the original lease? Do you know how long the original lease is for? Are you aware of any rights the tenant may have grandfathered in from the original lease?


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    #42
    Comment_below
    Registered Users Posts: 221 ✭✭Comment_below


    the_syco wrote: »
    You can tell the tenant that you intend to raise the rent now, which will come into effect in 90 days.


    Evict current tenant for reason that you'll be moving into the house. Rent out rooms if you want after you move in, and make it your primary place of residence for tax purposes.

    Eviction notice is 180 days, if he's only been there for 5 years.


    No. Tenant pays to you and the council. If the tenant stops paying the council, the council stops paying you.

    If the council pays you regardless of the tenant paying you or not, the council may have done a 10 or 20 year lease with the previous LL.


    Did you buy it 5 years ago, or less? Have you seen the original lease? Do you know how long the original lease is for? Are you aware of any rights the tenant may have grandfathered in from the original lease?

    There is no lease with the Council as it is rented through the HAP scheme, I had to set up this HAP myself from the previous LL.

    I bought it less than 5 years ago, but tenant has been there 5 years therefore I'll give notice period for 5 years that being 180 days.


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    #43
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Comment_below wrote: »
    There is no lease with the Council as it is rented through the HAP scheme, I had to set up this HAP myself from the previous LL.
    Unsure, but this could mean new lease? Others may be able to verify.
    Comment_below wrote: »
    I bought it less than 5 years ago, but tenant has been there 5 years therefore I'll give notice period for 5 years that being 180 days.
    Would advise that you move in when said tenant leaves, and not rent out rooms until you're in the house for a bit. Would go for a clean slate.


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    #44
    Comment_below
    Registered Users Posts: 221 ✭✭Comment_below


    the_syco wrote: »
    Unsure, but this could mean new lease? Others may be able to verify.


    Would advise that you move in when said tenant leaves, and not rent out rooms until you're in the house for a bit. Would go for a clean slate.

    I don't think it would be classed as a new lease if I simply took over from previous LL. In that case, that would be a major loophole, in that a LLs wife could take over a lease from their husband then effectively reset the minimum notice period.

    The tenant has been there 5 years therefore the minimum notice period is 180 days.


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