Landlord gave week notice

chloe443

Just looking for advice for some friends. Their lease is up August 2nd. The landlords has never told them they wouldn’t be resigning- but they also said they were either. Anyway, today the auctioneer called and said the landlords wanted them out on the 2nd, literally in a week. My friend obviously was anxious (they have a baby) and the auctioneer said they were entitled to an extra 9 days from the 2nd. I looked up notice periods and worked out they needed 42days based on how long they had been there.

Before I said it to her, she let me know the auctioneer had called back and said they could have until September 12th- which is sure enough 42 days. Almost like he realised his mistake.

What I’m looking to find out is if the notice should have been given 42 days ago? Shouldn’t the notice be given to match up with the end of the lease? Do they have any legal ground here? Or has the auctioneer saved the landlords by giving them 42 days?

Xander10

How long was there initial lease? How long have they been tenants?

Above would help with advising

chloe443

https://www.boards.ie/discussion/comment/119391289#Comment_119391289

They’ve been there over a year, but not much over the year mark. That’s where I got the 42 day notice period, as I was looking at the residential tenancy act. Thanks for any advice you are able to give! :)

893bet

I am in favour of landlord rights. But they have to play by the rules. If the notice is not in writing and meet the required terms ignore it. Or be a dick and say yeah no problem. Then when they day arrives tell them the notice was not valid.

Xander10

https://www.boards.ie/discussion/comment/119391303#Comment_119391303

As far as I am aware, the notice period required was increased from 6 July 2022.

152 days for a year and 180 days if over the year.

That period should commence from the date written notice received.

The above assumes that the tenant didn't break conditions of lease, rent paid up to date etc.

If wrong, someone else will correct me.

chloe443

https://www.boards.ie/discussion/comment/119391337#Comment_119391337

Oh same here for sure! Sorry, I’m a bit behind when it comes to these kind of things, I’ve never dealt with anything like this. Meet what required terms?

chloe443

https://www.boards.ie/discussion/comment/119391344#Comment_119391344

Oh really? I didn’t know that, I’ll look into it thank you. So, if that information is correct, it should be 180 days from today as that’s when they received the notice? And no they didn’t break any conditions of lease or anything like that

alias no.9

If they've been there over a year and only just received notice, the required notice is 180 days and can only be served for a very limited number of reasons including selling the property, family member moving in or if they're undertaking a renovation.

Unless they are in breach of the lease agreement in some other way, they arr entitled to continue the tenancy until they end of a 180 day period from the issuance of a valid notice of termination.

Xander10

Landlord has to send a form - notice of termination return form to the RTB confirming the grounds for terminating the lease

What grounds did the landlord give for ending the lease?

893bet

https://www.boards.ie/discussion/comment/119391364#Comment_119391364

180 days from the day they give the written notice.

Google “required residential notice period Ireland” and get reading.

893bet

https://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#lab681

Xander10

https://www.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give

chloe443

https://www.boards.ie/discussion/comment/119391394#Comment_119391394

Thank you so much for this! This is super helpful 😄

Larry Bee

Here's the link to ask the rtb site with all the details:

https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination

dennyk

As others have said, once they've been in the property for six months, they acquire security of tenure under Part 4 of the Residential Tenancies Act, and the landlord cannot arbitrarily terminate their tenancy. They can only terminate for one of the few very specific reasons allowed under Part 4, and they must provide a great deal of documentation for each one, as well as sending a copy of their notice and all relevant documentation to the RTB. If the landlord has not served them a valid notice for a valid reason under Part 4 and with the required notice period, they do not have to leave the property, even after their original fixed term lease expires.

DubCount

Just to confirm OP, does your friend have full exclusive use of the property, or does the landlord live there as well?

The notice periods referred to in this thread are for "tenancies" only. Before jumping to conclusions, I'd check if they are a "tenant" and not a "licencee" - there is a big difference in legal protections.

Marcusm

https://www.boards.ie/discussion/comment/119392603#Comment_119392603

True but I have never known an owner-occupier to use an agent to deal with his/her cohabitee!

DubCount

https://www.boards.ie/discussion/comment/119392687#Comment_119392687

Yes, but they could be a licensee of a tenant etc.

893bet

They are a couple with a baby. Doubtful that they are licencee

Marcusm

https://www.boards.ie/discussion/comment/119392717#Comment_119392717

And when you hear hooves it might be zebras but is much more likely to be horses!

a licensee of a tenant would be entitled to apply to the landlord to be treated as a tenant and acquire all relevant rights after 6 months (ie a period long gone past) such that it would, in any event, be an unlikely ground for a notice to quit.

chloe443

https://www.boards.ie/discussion/comment/119392603#Comment_119392603

No they have full use of the property! The landlord owns 3 properties. The one they live in, the one my friend lives in (they’re neighbours!) and one more property a bit down the road

chloe443

Update: I passed along all your advice to my friend, who rang the auctioneer and called him out on only giving them 42 days. He said he didn’t know it had changed to 180 days but I don’t know if that’s true. Anyway, he went and spoke to the landlords, they came back and said they would sign the lease for another 12 months. My friend is fully anticipating to be handed a notice in advance of that 12 months being up but it gives her time to look for somewhere else. Thanks for all your help everyone :)

Xander10

https://www.boards.ie/discussion/comment/119399118#Comment_119399118

Great news. And they will be entitled to the proper notice at the end of the new lease.

Any half decent auctioneer should know the notice period

spaceHopper

https://www.boards.ie/discussion/comment/119399118#Comment_119399118

I'd say no thanks I'd happy with my part 4 rights and leave it at that

Giblet

Unless the Landlord is either

Selling

Moving In

Performing Significant Renovation

or Evicting you for non-payment / damaging property

You are secure to continue the tenancy for up to 6 years (or unlimited if commenced since June 11th 2022), without signing a further lease, and no notice can be served to remove you.

The Agent is taking the piss, and along with the Landlord, chancing their arm.

Just tell them "no thanks, I don't plan on moving just yet". Sign nothing.

Donald Trump

Part IV