Proceedings after expiration of termination notice in rented property

bpm78

Hi.

Would appreciate some input.

I have given a tenant a notice of termination and 4 weeks have passed since the expiration of the notice.
So that is 4 weeks notice and now a further 4 weeks.
I'm getting the run around that he is trying to find a new place.

So I need to get this sorted out.

He has been a tenant for less than 6 months and I gave the 4 weeks notice.

Do I have to escalate to the PRTB (which I am registered with) or can I take proceedings directly in the District court to get an eviction order?
From what I read, it seems that the PRTB process could and will be very drawn out.

I assume it is illegal to remove the tenant and belongings by other means even though it has been less that 6months in the property?

Appreciate any guidance.

xper

Yes, you must raise a dispute regarding overholding by the tenant within the PRTB process. If you approach another judicial forum, you will just be redirected to the PRTB and have wasted time and money.

Make sure that the notice to vacate was properly worded <i>in its entirety</i>. If it is not, the PRTB will likely declare it null and void and you are back at square one.

As the tenancy is under six months old, you do not have to provide any reason for the eviction if it is just under Part IV tenancy rules. However, this is unusual in Ireland. If there is a fixed term lease in play as is commonly the case in the first twelve months of Irish tenancies, then either that lease must have a break clause that you have activated or the tenant will have had to have breached a condition of that lease and failed to amend the breach for the notice of termination to be valid.

If you force the tenant out without following the legal procedures, you are opening yourself up to being fined a hefty sum by the PRTB if the tenant makes a subsequent complaint. The PRTB does not look kindly on such behaviour and regardless of anything the tenant may have done, you will be punished for that act in isolation.

yes, the PRTB complaint process is notoriously lengthy although anecdotal evidence is that they have improved somewhat lately.

bpm78

appreciate the reply and info.
I read though that you can refuse mediation and request adjudication from the prtb?
is that recommended? To speed things up?
Thank you.

The_Conductor

Well- you're not looking for a mediator- you want him the hell out of the house, period. So, yes.

bpm78

The_Conductor wrote: »

Well- you're not looking for a mediator- you want him the hell out of the house, period. So, yes.

yes indeed. Thanks.

Chris_5339762

If the tenant is on a fixed term lease you can't just turf them out like this.

TheBandicoot

Exactly, what was the reason you issued notice in the first place, and is there a lease in place?

bpm78

TheBandicoot wrote: »

Exactly, what was the reason you issued notice in the first place, and is there a lease in place?

yes there is a lease and registered with prtb.
reason for notice was no payment of rent and anti social behaviour including threatening and abusive language.

Why can't I elect to evict in this case?
Regardless, does the tenancies act not state that agreement can be terminated within 6 months?

The_Morrigan

bpm78 wrote: »

yes there is a lease and registered with prtb.
reason for notice was no payment of rent and anti social behaviour including threatening and abusive language.

Why can't I elect to evict in this case?
Regardless, does the tenancies act not state that agreement can be terminated within 6 months?

Breach of the lease conditions is the only reasons you can break a fixed term lease.

With regard to the RTA - you need to be careful you don't mix up the fixed term leases with the Part IV tenancies; they have different rules.
The six months relates to the Part IV, and is not applicable to anyone who has a fixed term lease.