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Does an Agent Help Prevent Overholding?

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  • 30-10-2019 9:53pm
    #1
    salonfire
    Registered Users Posts: 3,078 ✭✭✭


    When it's time to reclaim the house again for your own use, does the agent help ensure the sitting tenants do not overhold?

    Or is it the landlord's problem to deal with such overholding tenants?


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    #2
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    What most landlords do is they have tenants sign a lease,
    for 1 or 2 years ,a clause in the lease says i can end this lease,
    if i give say 2 months, notice to the tenant to quit,if the tenant wish to stay
    beyond the lease he must sign another lease .
    clause 2 , theres is no subletting allowed to any person at any time without the
    prior written consent of the landlord .

    https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy


    clause 3 ,tenant must give landlord at least 2 months notice if
    they wish to end the tenancy before the lease is over.


    i,m not a legal expert, tenants rights vary depending on how long they live there as a tenant,
    1, 2 ,3 years .
    google sample lease contract uk .


    the agent can recommend a good solicitor to you ,

    if the tenant wants to stay beyond the lease time agreed.
    from what i hear if you wish to legally evict a tenant,
    you have to give notice to quit in writing, in a letter,
    the trick is to select a good tenant who will not give any trouble
    and will follow the terms of the lease .
    An agent is not a legal expert .
    https://onestopshop.rtb.ie/beginning-a-tenancy/types-of-tenancies-and-agreements/


    all tenants must be registered with the rtb .
    rtb.ie

    laws re tenants in ireland are not the same as in the uk.


  • Options
    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,437 Mod ✭✭✭✭Gumbo


    salonfire wrote: »
    When it's time to reclaim the house again for your own use, does the agent help ensure the sitting tenants do not overhold?

    Or is it the landlord's problem to deal with such overholding tenants?

    No. They physically cannot remove the tenant same as the landlord.


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    #4
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    salonfire wrote: »
    When it's time to reclaim the house again for your own use, does the agent help ensure the sitting tenants do not overhold?

    Or is it the landlord's problem to deal with such overholding tenants?

    Same laws apply with or without an agent.

    What does your contract with the agent state?


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    #5
    salonfire
    Registered Users Posts: 3,078 ✭✭✭salonfire


    Graham wrote: »
    Same laws apply with or without an agent.

    What does your contract with the agent state?

    It doesn't apply to me, I was just wondering what would happen in this scenario and if having an agent would be of any additional benefit to the landlord to try prevent or deal with the case.


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    #6
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    The benefit to the landlord would be somebody else does it, not much more.

    That's assuming the agent is contractually obliged to do it, or is charging to do it.


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    #7
    riclad
    Registered Users Posts: 8,184 ✭✭✭riclad


    You can employ an agent simply to find and vet tenant,s ,
    once the tenants move in , and you recieve the first months rent,
    plus you have a deposit , the agent,s work is done.
    So its up to you .
    My friend is a landlord ,her agent does everything, collect,s the rent,
    deal,s with any problem,s like repairs .
    she pays an agent, an accountant,
    her agent manage,s the property,
    his name ,adress is on the rent book .
    the accountant i assume puts down the agents fee,s as an expense
    against rental income .
    She has no contact at all with the tenant .
    the agent does whatever is needed .
    tenant is there for 6 years since,
    2012.


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    #8
    Cuddlesworth
    Registered Users Posts: 13,980 ✭✭✭✭Cuddlesworth


    salonfire wrote: »
    When it's time to reclaim the house again for your own use, does the agent help ensure the sitting tenants do not overhold?

    Or is it the landlord's problem to deal with such overholding tenants?

    The short answer is no. And when the **** hits the fan and the RTB is involved, it's your ass to the hearings and court, not the agent.

    It's probably worth pointing out for a lot of agents, the incentive for them is to put somebody into the property as quickly as possible with the least amount of work.


  • Options
    #9
    dennyk
    Registered Users Posts: 1,644 ✭✭✭dennyk


    No, an agent just manages certain aspects of the letting for you such as advertising, vetting potential tenants, and sometimes collecting rent and interacting with the tenant and arranging maintenance and such when required. They have no more authority than the owner to remove an overholding tenant. It's unlikely that an agent would even
    help you deal with the matter of an overholding tenant in any way. Legally, there wouldn't even be anything they could really do; they aren't solicitors, so they can't represent you in court or practice law, and they can't physically remove a tenant legally any more than you could.

    riclad wrote: »
    What most landlords do is they have tenants sign a lease,
    for 1 or 2 years ,a clause in the lease says i can end this lease,
    if i give say 2 months, notice to the tenant to quit,if the tenant wish to stay
    beyond the lease he must sign another lease .

    This would not be legally enforceable in Ireland. After six months a tenant acquires security of tenure under Part 4 of the Residential Tenancies act. At that time, they can remain in the property for a further five and a half years and are under no obligation to sign a new fixed term lease in order to remain there, and the landlord cannot terminate the tenancy except for a few allowable reasons (because he intends to sell the property, he or an immediate family member needs to move into the property, or he is performing significant renovation works which require vacant possession to complete). A tenancy can't be terminated just because a fixed term lease has ended.


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