Notice to quit apartment, what are my options?

who_ru

Hi,

Just back from 2 weeks hols and found a letter saying 1 month notice to quit.

Currently in this appt for nearly 3 years. Rent always paid early, in full, never missed a payment. After the initial 12 month lease was up I indicated that I did not want to sign another lease and that I would continue to stay in the property. The LL complained but I knew legally I wasn't obliged to sign another lease.

Anyway the LL reluctantly agreed to this. Everything was fine after that. Just recently there was an increase in the monthly rent of €100. 2 reps from the management company said the €100 was a starting point, not fixed in stone. I asked if €50 pm increase would suffice. This is where it breaks down.

The management company then informed the LL that I was unwilling to pay the €100 pm increase. This was not true. The LL then told the management company to give me my notice. But prior to me finding this out I had paid the 100 increase.

Then today I find a letter stating that due to financial pressure the LL wishes to move back into the apt. This is after increasing the rent! I was informed that the new increased rent isn't sufficient to cover the LLs costs. I have less than 4 weeks to quit.

What are my options? Apart from move of course.

Thanks.

Digital Society

No other options if your not in a lease. He could be paying 100s out of his own pocket every month to keep you there. Plenty are.

The_Morrigan

Sounds like the landlord is using the I need the apt to live in excuse to break your part IV tenancy. Thirty days notice is not the correct notice as you are there over two years....on mobile at the minute so I'll throw up a link in a bit when I can get to a pc.

Penny Tration

Digital Society wrote: »

No other options if your not in a lease. He could be paying 100s out of his own pocket every month to keep you there. Plenty are.

Not true.

Op is on a part 4 tenancy. Op, if you have been there between 2 and 3years, you are entitled to 56 days notice.

Penny Tration

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Graham

OP, this should give you a bit more info:

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Looks like your entitled to 56 days notice if you're there between 2 and 3 years.

murphaph

Unfortunately for you OP the reason given is a valid one for terminating a Part IV tenancy BUT the notice is insufficient as others have said. You suspect probably that the LL doesn't really intend on moving back in. Unfortunately also you cannot prove it and are obliged to leave the property (after the proper notice period). If the LL subsequently fails to move back in himself, you can complain to the PRTB and see what happens...but no guarantees.

The_Morrigan

OP section of the RTA 2004 specifying the rights surrounding a Part IV tenancy can be found here:http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#part4-chap2

- grounds for termination are here:http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec34

As Graham has said under the three year mark you should receive 56 days notice.

marmurr1916

Doesn't seem like you have any option but to move. You could accept the 30 day notice period or you could send the agency a registered letter, with a copy of the relevant section from the Residential Tenancies Act (as cited in posts above) stating that you have an entitlement to 56 days notice, that the previous notice is therefore invalid and that you await a valid notice which will run for 56 days from when you receive it. That will give you another week or so before you get the notice, and 8 weeks from then, a total of about 9 weeks, to get a new place.

Either that, or ignore the notice completely, which will force the landlord to take eviction proceedings against you.

The plus side is that you legally get to stay in the flat until the eviction order becomes valid.

The down side is that you'll lose your deposit, lose any chance of a reference, and could be liable for the landlord's legal expenses for securing the eviction.

On balance, it's not a good idea to ignore a notice to quit!

Try not to be too confrontational in any approach you take as the agency might play games with returning your deposit and refusing to give you a reference if they decide that asserting your legal rights makes you a 'bad' tenant.

You have to balance your legal rights, including your right to a 56 day notice period, with the fact that the agency/landlord might muck you around if you actually insist on those rights being given to you.

It shouldn't happen of course, but in the real world it does.

Mrs OBumble

marmurr1916 wrote: »

You have to balance your legal rights, including your right to a 56 day notice period, with the fact that the agency/landlord might muck you around if you actually insist on those rights being given to you.

It shouldn't happen of course, but in the real world it does.

This +100.


Legally, you have to be given 56 days notice - and you have to pay rent for the next 56 days.

So if you find a new place to live in two weeks time, but need to take it then to secure it, then you will be paying double rent for a long time.

So you may be better off "mutually agreeing" to the shorter period - depending on how hard it is to find somewhere else.

the_syco

who_ru wrote: »

Then today I find a letter stating that due to financial pressure the LL wishes to move back into the apt.

Keep the letter, and use it when you complain to the PTRB when the landlord puts the apartment up for rent a week or two after you move out...

fash

the_syco wrote: »

Keep the letter, and use it when you complain to the PTRB when the landlord puts the apartment up for rent a week or two after you move out...

Yes- illegal eviction. If you can find the place of daft afterwards and could call around one a new tenant arrives and get their details- you'd have a rock solid illegal eviction case.