Tenant Overloading

This is terrible advise,ignore this and forget this post.

Yes the system is very unfair.You're talking to your solicitor so he'll advise you of the process.The situation you find yourself in is exactly the reason the house was cheaper than one without a sitting tenant.

You have begun the process now but unfortunately if the tenant decides to overshold and even not pay rent they can be there for up to18 months to 2 years before a sheriff will get involved.There will also be no consequences for them.

It's a horrible, horrible situation and government have facilitated this,unfortunately giving more equal and fair rights to landlords isn't a popular sentiment.This plus the associated tax is the reason small landlords are leaving the market in their droves and this is contributing to the housing crisis.

I wish you luck and all the best.

I'm pretty sure you're not encouraged to advise people to do something illegal on here.

You don't seem very clued in on the realities of the situation so I don't think anyone should be taking your advise in general in this situation.

Do you know the consequences for the OP if they did what you suggest? I'm thinking you dont,its a lot more than a slap on the wrist.

It's overholding, and you're in entirely the wrong forum, OP. You'd be better off posting in Accommodation & Property.

Admin should move your post. If not when you log in search for Accommodation & Property. In that section then click on the icon to post a new request.

You need to follow the rules set out in RTB. The previous owner would have informed you of how long the tenant has lived there and you have to give notice based on that term. Did the owner sell with a sitting tenant or did they give notice and the tenant overhold? Did you continue with the purchase even though the tenant was still there?

Your solicitor should have advised you not to move on with the purchase if the tenant had not left but if you purchased with the tenant in situ then you have to go through the process.

Do you have the number of the RTB registration of the tenancy? The old owners details can be transferred over to you at no cost.

Never trust anyone when it comes to a home or property.

Since 6th July for the tenant to leave as you are now the new landlord you need to give the tenant notice and on the same day send a copy to RTB. You need RTB to accept you as the new landlord.

Duration of tenancy notice period  

Days  

Less than 6 months  90 days 

Not less than 6 months but less than one year  152 days 

Not less than 1 year but less than 7 years  180 days 

Not less than 7 years but less than 8 years  196 days 

Not less than 8 years  224 days 

The rent would continue to be paid the old landlord as the bank details etc would still be on the tenants file. If they are on HAP with GDPR the council will not talk to you. You need to act fast.

You've gone from 3 years to 4 years to half a decade.It would be 18 months to 2 years and this is the very worst scenario.

If the tenant takes a claim you'd be looking at a big payout and a whole load of stress.

I believe you'd also be left with a criminal conviction but I'm not sure so generally if I don't know about something I won't say it as fact and offer it as advice on boards.