Extending lease

Auds22002

hi

i informed my tenant 2 months ago that we would not be renewing his lease which is up on Dec 4th , he was very upset but we've had too many complaints by neighbours, he asked if we would extend it as it was so near xmas ( he has a young daughter) we agreed to extend it till feb 4th , he was thrilled, the current lease expires soon, do i let him stay with no lease or can i extend the current one , or will i have to do a short term one, tbh we would rather have him stay but the neighbours have been complaining about music being played so loud all day they actually leave their house on sundays , i explained this too him but although he's 30 he acts like a teenager but we've never had problems with rent as he's on the social scheme, house is spotless, my husband and i are currently unemployed and we had to leave that house and move home and rent this out i'm in a panic in case i'm about to bite my nose off to spite my face by getting rid of him.
p.s does anyone know if you lived in a house for 10yrs and then rent it does it still become a buy to let with the mortgage?
Thanks so much in advance

D3PO

you cant just end his tenancy at the end of his lease or in feb for that matter.

He is entitled to stay with or without a lease under part 4 rules and you cannot make him leave unless it falls under very specific reasons.

So be very careful how you approach this, if he decides hes not moving you cannot evict him for no reason unless its within the first 6 months of a 4 yearly part 4 cycle.

No Pants

Would the complaints from the neighbours not come under anti-social behaviour and therefore give grounds for eviction? Would have to be in writing and the correct process followed, etc.

D3PO

potentially yes but an eviction process would need to be adhered to you cant just say your lease is ending im not renewing it get out. which is kind of what the OP is intimating

Pawwed Rig

Loud music wouldn't cut it as anti social behaviour unless there was repeated Garda involvement (with evidence) and complaints by the neighbours along with previous warnings from the landlord.

I am assuming that the lease was not a fixed term lease finishing on Dec 4th.

Auds22002

Thanks for replies now I'm really confused it was a fixed term year lease , why can i not renew it? Do you just have to keep a tenant and that's that? I gave him over 60 days notice but then he asked for extension, I've talk to him several times since and he seems happy enough to go in feb , talking about getting house nearer to his mum etc but I just thought I'd need to legally extend or renew lease for the extra months ? Worried now

Auds22002

We also gave many warning letters about anti social behaviour and followed all prtb rules

D3PO

After 6 months in rental accommodation your tenant gains rights know as Part 4. This essentially gives them security of tenure for 4 years the purpose of which is so that tenants don't have to live nomadic lifestyles and be at the whims of Landlords (not saying that's whats occurring here but giving you a general overview)

With part 4 there are only very specific reasons you can ask a tenant to leave during that 4 year cycle after which you have 6 months whereby you can ask them to leave for any reason.

you should have a read of this

http://www.threshold.ie/advice/tenancy-issues/security-of-tenure/

Auds22002

Wow this is not looking good I can understand the tenants rights etc. but what about the neighbours , so I cant end lease and neighbours have to keep living next to him and despite all the warnings and letters he ignores me, he promises me he'll settle and quiet down but then I'm getting calls again from neighbours , this seems very unfair . I guess i,ll wait until February and see if he is happy to go and take it from there. If he was a good neighbour I'd let him stay but he just doesn't seem to get the whole need to consider your neighbours bit

D3PO

if anti social behavior is occurring then yes you can evict on those grounds but you need to be able to prove it. Have your neighbours filed reports with the gardai over noise for example or is it just they have made some complaints to you \/

The latter wont stack up if oyu try and evict.

Look the fact is the guy doesn't seem to know his own rights and may move out in Feb but just be careful as not doing this buy the book could end up being classified as an illegal eviction if the guy cops on and takes a case to the PRTB.

Auds22002

No only complained to me ,constantly ,I've even had deal with calls while in hospital , told them to ring guards as legally there's little I can do but they never have, thanks for the heads up .as I said I'd be happy to leave him there if he got his act together ,could do without trying to find new tenant , think I'll have to talk to all parties involved again to find resolution. Thanks for your help

djimi

Start formal eviction process for anti social behaviour, which includes giving the tenant a formal warning first. This might give them the kick up the arse they need. If their behaviour doesnt improve then evict. This gives them the extra time that they need (and the chance to sort the situationt that they are legally entitled to), and gives you an easier route to remove them from the property if you still want them out after Christmas.

the world wonders

Auds22002 wrote: »

Thanks for replies now I'm really confused it was a fixed term year lease , why can i not renew it? Do you just have to keep a tenant and that's that? I gave him over 60 days notice but then he asked for extension, I've talk to him several times since and he seems happy enough to go in feb , talking about getting house nearer to his mum etc but I just thought I'd need to legally extend or renew lease for the extra months ? Worried now

For the love of God go to the PRTB website and read up on their "Information for landlords" before you do something that will cost you a five-figure sum in compensation.

No Pants

Don't forget that once a year has passed you can consider a rent increase. Check what rents are being charged in the area and adjust yours accordingly.

djimi

No Pants wrote: »

Don't forget that once a year has passed you can consider a rent increase. Check what rents are being charged in the area and adjust yours accordingly.

Fight one battle at a time. If the tenant isnt paying the current rent then looking to increase the rent is not going to improve the situation.

No Pants

djimi wrote: »

Fight one battle at a time. If the tenant isnt paying the current rent then looking to increase the rent is not going to improve the situation.

If the tenant isn't paying the rent, then why not simply evict him for not paying the rent?

murphaph

No Pants wrote: »

If the tenant isn't paying the rent, then why not simply evict him for not paying the rent?

Indeed. Much easier route to take if tenant is in arrears. Still takes a year+ if tenant just sits there and ignores the whole process of course, but easier than proving anti social behaviour.

Pawwed Rig

The tenant in this case is not in arrears

per OP

Auds22002 wrote: »

we've never had problems with rent as he's on the social scheme, house is spotless

Marcusm

I can't see how the anti social behaviour could be of sufficient standard to justify an eviction if you're considering permitting him to remain for 2 months. He might be awkward and your getting grief from the neighbours but if it's sufficient for an eviction then I would expect that eviction to follow swiftly afterwards.

djimi

No Pants wrote: »

If the tenant isn't paying the rent, then why not simply evict him for not paying the rent?

Apologies, I got threads mixed up (there is another thread where someone is asking about dealing with a tenant who is late with their rent payment).

Yes in this case increasing the rent (if legally possible) might be one way for the OP to rid themselves of the tenant.