Terminate a tenancy without giving a reason during the first six months

kastasia

Does this only apply to part 4 or also fixed term? Have been having a lot of complaints about very new tenants. There are a few things that are breaking the terms of contract but am worried about causing trouble, as the guy (who is not supposed to be living there for instance and was nowhere on the scene when they moved in) has a record and I was wondering if it would be easier to use this than bring up anti social behaviour etc. etc, maybe imply that I needed the house myself, without actually saying that.
Have been reading around and it's very unclear, but I suppose it's going to be just part 4.
What a nightmare...

Improbable

As far as I'm aware, you can terminate any tenancy within the first 6 months without giving a reason. It's a probationary period. I think all you have to do is give them 4 weeks notice.

Milk & Honey

If there is a lease you will have to notify them that they are breaking the terms of the lease and given them a reasonable time to make amends, before you can issue a termination notice.

odds_on

OP wrote:

Does this only apply to part 4 or also fixed term?

It only applies to a PART 4 agreement. A FIXED TERM agreement is just that, it is fixed for the duration of the term.

Hit then with their anti-social behaviour obligation. Gather your evidence (in case they bring a claim to the PRTB) in written form.

Remember that first you must advise them (in writing - keep a copy) of their obligations, best to quote the relevant part of the RTA Act 2004 and say that they are required to refrain from this form of anti-social behaviour. Failure to comply with their obligations will entail the termination of their lease (as per clause ..x of the lease), in which case they will have to vacate the property.

Notice periods are 28 days for less serious antisocial behaviour and 7 days where threatening violence, personal safety of neighbours or anyone, etc.

JustAThought

I don't think you have to give them any time to amend; it's a breach if contract ; you can give them notice in the basis of it.
If you don't want to cause trouble now, and there are already complaints, how long are you going to let it go & how bad will you let it get before you address it.
Do you have a clause re subletting, or named tenants only using the property.? Check your little print, if you want they guy to move out and not squat/ cause problems/ be doing god knows what in your house & having God knows who silty over & hang about then you'd need to deal with it.
Suggest you put it in writing. Breach of contract. Add multiple Complaints from neighbours also. Say it's not working out, you will need the property for family reasons also due to change in family circumstances brought on by the recession & ask them to agree timeline wih you to move out & find something more suitable. It is December; Niobe wants to move it be looking t Christmas: this gives them a chance to be fair & have nice terms to move out in early new year.
Sounds like you need to be rid if them...trouble.
P.S. Hoe do you know he's been imprison & what for :0

JustAThought

( sorry for pidgeon spellings : iPhone & hangover finger paralysis !

Mister Dread

If you terminate a lease based on some breach of terms then you will have to have a very tight case against them or its illegal eviction time at PRTB HQ.

odds_on

I don't think you have to give them any time to amend; it's a breach if contract

You always have to give time to rectify an obligation. Advice in writing and "a reasonable time" to rectify the breach.

For serious breaches - which threaten life or security of property, the reasonable time may be 24 hours but usually would be 7 to 14 days. This also goes for landlords in breach of their obligations.

To avoid disputes it is always best to put this in writing stating the "reasonable time".

kastasia

Thanks for the replies. Will be getting a proper opinion tomorrow before I decide what to do. Don't want to get into too much detail but apparently this guy is 'known'. The reason I'd like to avoid serving notice due to antisocial etc. is because most of the evidence could only come from neighbours and they really do not want them to know anything is coming from them.

athtrasna

Have you spoken to the community Garda for the area? We had a problem unit in our development and the community Garda made the complaint to the landlord to prevent the blame being put on any neighbours. If the Gardai can confirm that there is a problem in your unit due to the presence of that individual, you are in a much stronger position.