Lease Termination

EnufisEnuf · 08-05-2023 9:47pm #1

We have rented out our house in Dublin since September 2019 as we moved abroad. We are returning home in the near future and starting to look into the practicalities of this.

The house is managed via an estate agent. Tenants moved in 2019. Contract says either party much notify in writing giving 6 weeks notices.

I'm aware situations have changed but I am unable to find any concrete information - I'd like to understand it myself a bit before we discuss with the estate agents.

Anyone have some useful information or resources - has the law changed that tenants must get 180 days notice - or does the signed contract supercede?

Thank you in advance.

MicktheMan · 08-05-2023 11:46pm

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

EnufisEnuf · 09-05-2023 3:13pm

Thank you - so this RTB information supercedes any contract in place?

dennyk · 09-05-2023 3:58pm

Yes, a tenancy agreement can grant a longer landlord's notice period than legally required to a tenant, but not a shorter one.

You also must make very certain to follow the termination notice requirements to the letter. If you're unsure about any of the requirements or procedures, getting legal advice would be a good idea. If your notice doesn't meet the requirements, it will be deemed invalid by the RTB and you'll have to start the process and the notice period all over again.

You should also be prepared for the possibility that your tenant will overhold and refuse to vacate. The rental market in Dublin is extraordinarily terrible right now and it's very likely your tenant will be unable to find any alternative accommodation in just 180 days, especially if the rent they're currently paying is below current market rent for a similar property. It could take you many months or even years to have them removed if they don't choose to leave voluntarily, so be prepared for that and make sure you have alternative arrangements planned just in case (and remember that you're going to be in the same sinking ship when it comes to finding your own long-term rental accommodation if your tenant doesn't leave...).

mrslancaster · 10-05-2023 1:40am

https://www.boards.ie/discussion/comment/120575456#Comment_120575456

Such a crazy system where an owner abides by the rules and does everything correctly to get their property back for their own use, yet the sitting tenant can ignore the notice to quit and the legislation, drag out the process for years which forces the owner to go looking for a place to rent themselves. It really is hard to believe.

Nobody wants to see any person without a place to live but it can't be right or fair to give a tenant more rights to a property than the owner who does things by the book.

Peregrinus · 10-05-2023 2:19am

They don't have more rights to the property than the owner; that's why the owner will eventually get them out.

ClaraLuce · 16-06-2023 8:29am

My tenant's lease is due for renewal in Oct 23. Can I issue the termination notice today( june16th23) Is the 180 days notice counted from today or tomorrow, or must it be from Oct.

She has known all along that builders will move in, renovation happens, then we move in ourselves. She agrees, but now says she can't find a place. Help!

Toby22 · 21-06-2023 10:24pm

Hi, you can issue notice from today. My brother had a rented property let via an estate agent and she helped find his tenants a new place. Maybe enlist help of your letting agency

just_a_gurl · 22-06-2023 3:07pm

if a fixed term lease then the notice period must not end prior to the termination date of the Fixed Term.

i.e. if lease states it runs for 1 year from 01 Oct 2022, then any termination date on the notice must be on or after 30/09/2023 (the end of the fixed term).

If you issue the notice today, then commencement of the notice is the following day i.e 23/06/2023 & you will need to give her 152 days though as per statute , so if you wanted her out 01/10/2023 you should have served her notice back in May...A ‘part 4’ tenancy runs alongside a fixed term tenancy, so, once a tenant is in the rental for 6 months they become entitled to all the provisions of a ‘Part 4’ tenancy...including statutory notice periods.

So serving her notice now, & the notice period starting the day AFTER you give the termination letter means she has until at least 23 Nov 2023 to vacate.

Have a good read of the RTB website re the rules & regs. There is a whole procedure you must follow too. The website even gives sample letters. Best to follow the RTB's instructions to the nth degree

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

Lease Termination

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