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Notice to tenant

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  • 08-01-2015 10:47am
    #1
    Darkest Horse
    Registered Users Posts: 497 ✭✭


    Hi,

    I have a couple renting a three bed house from me in Cork and I need them to vacate it. They have been there since 2010 so I know that would mean I need to give them a longer notice period but the lease expires in the middle of March so I'm not sure where that leaves me and them? Does the notice period still apply? Obviously I want to be fair to them and not spring it upon them to immediately get out but I'd like to know my rights, though I am not PRTB registered.

    Any help greatly appreciated.

    DH


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    #2
    whippet
    Registered Users Posts: 7,672 ✭✭✭whippet


    get PRTB registered, use their site to do a bit of research in to your obligations as a landlord and follow the information / requirements to the letter to ensure you don't end up making a silly mistake which might end up costing you a fair wedge of cash.


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    #3
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    112 days, if you have a valid reason for them to vacate.


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    #4
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    Michael D Not Higgins wrote: »
    112 days, if you have a valid reason for them to vacate.

    Even if the lease is up in March?


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    #5
    Gone West
    Registered Users Posts: 6,374 ✭✭✭Gone West


    Darkest Horse wrote: »
    Even if the lease is up in March?
    Sounds like you have no business being a "landlord".


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    #6
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    Fuzzy wrote: »
    Sounds like you have no business being a "landlord".

    You are absolutely correct in what you say. I am a shambles at this but I still need to get the correct information. I will contact the PRTB but anyone's help is appreciated.


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    #7
    TrishSimon
    Closed Accounts Posts: 206 ✭✭TrishSimon


    Darkest Horse wrote: »
    Even if the lease is up in March?

    Yes this is correct once it goes over 4 years you have to give them 112 days to vacate.


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    #8
    TrishSimon
    Closed Accounts Posts: 206 ✭✭TrishSimon


    Darkest Horse wrote: »
    You are absolutely correct in what you say. I am a shambles at this but I still need to get the correct information. I will contact the PRTB but anyone's help is appreciated.

    Most people who are landlords are what Ireland calls accidental landlords meaning you never set out to be one or went into it to make money so alot of people dont understand the laws.
    If you went onto DAFT.ie there is a section there for discussions and there is alot of people on there two in particular that will answer any questions you have politely and are very helpful


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    #9
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    TrishSimon wrote: »
    Yes this is correct once it goes over 4 years you have to give them 112 days to vacate.

    Great thanks. Obviously I won't be providing a new lease after I serve notice so is there any way I can make sure rent is paid during this time?


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    #10
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    TrishSimon wrote: »
    Most people who are landlords are what Ireland calls accidental landlords meaning you never set out to be one or went into it to make money so alot of people dont understand the laws.
    If you went onto DAFT.ie there is a section there for discussions and there is alot of people on there two in particular that will answer any questions you have politely and are very helpful

    That's great, I really appreciate that.


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    #11
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Op all info you need is easily available off threshold, citizens information.

    They are on a part 4 tenancy and you have to give said notice above also a reason for getting them out.

    Why do you need them to vacate as more info required to give good answers.


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    #12
    TrishSimon
    Closed Accounts Posts: 206 ✭✭TrishSimon


    Darkest Horse wrote: »
    Great thanks. Obviously I won't be providing a new lease after I serve notice so is there any way I can make sure rent is paid during this time?

    You can issue whats called a month to month lease whilst also having given then the 112 days notice I think but go on DAFT and Jorge who is on there will fill you in on everything.
    If you have never had problems before with rent being paid I can't see why they would stop and also you have their deposit I presume ? I know the law states it can only be kept if there is damage etc but if you are not being paid rent then I would withhold it that is what I did with tenants I had they left my property with 2 days notice, didnt pay last months rent, wrecked the place which cost me 1K to repair so I kept their deposit.


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    #13
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    punisher5112 wrote: »
    Op all info you need is easily available off threshold, citizens information.

    They are on a part 4 tenancy and you have to give said notice above also a reason for getting them out.

    Why do you need them to vacate as more info required to give good answers.

    I need to sell the place.


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    #14
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    TrishSimon wrote: »
    You can issue whats called a month to month lease whilst also having given then the 112 days notice I think but go on DAFT and Jorge who is on there will fill you in on everything.
    If you have never had problems before with rent being paid I can't see why they would stop and also the deposit they paid would not be returned if rent was not paid.

    You've been a huge help Trish, many thanks.


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    #15
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    TrishSimon wrote: »
    You can issue whats called a month to month lease whilst also having given then the 112 days notice I think but go on DAFT and Jorge who is on there will fill you in on everything.
    If you have never had problems before with rent being paid I can't see why they would stop and also you have their deposit I presume ? I know the law states it can only be kept if there is damage etc but if you are not being paid rent then I would withhold it that is what I did with tenants I had they left my property with 2 days notice, didnt pay last months rent, wrecked the place which cost me 1K to repair so I kept their deposit.

    Don't offer a month to month lease, they automatically enter into a periodic tenancy as covered by Part 4. This does not discharge their obligations to pay rent.

    Retention of deposit should only occur to cover costs, as specified by receipts and cannot be claimed for work you do yourself.

    OP there are templates available online for termination notices which you can use. This will ensure you don't leave any legally required information out of the notice.


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    #16
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    Michael D Not Higgins wrote: »
    Don't offer a month to month lease, they automatically enter into a periodic tenancy as covered by Part 4. This does not discharge their obligations to pay rent.

    Retention of deposit should only occur to cover costs, as specified by receipts and cannot be claimed for work you do yourself.

    OP there are templates available online for termination notices which you can use. This will ensure you don't leave any legally required information out of the notice.

    Great thanks. Should I register with the PRTB first?


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    #17
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    Darkest Horse wrote: »
    Great thanks. Should I register with the PRTB first?

    Yes, do that anyway. Here's a sample notice of termination from the PRTB http://www.prtb.ie/docs/default-source/disputes---carolyn's-docs/format-of-notice-of-termination.pdf?sfvrsn=2


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    #18
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    You will be ok.

    Selling or needing for yourself or family is what helps your situation.

    Hopefully the tenants understand and if maybe you let them know asap will help them have time to find another place.


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    #19
    Darkest Horse
    Registered Users Posts: 497 ✭✭Darkest Horse


    Michael D Not Higgins wrote: »
    Yes, do that anyway. Here's a sample notice of termination from the PRTB http://www.prtb.ie/docs/default-source/disputes---carolyn's-docs/format-of-notice-of-termination.pdf?sfvrsn=2

    Hi guys. Clueless me is back.....should I register the tenancy for all of the previous years since 2010 on the form?


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    #20
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Darkest Horse wrote: »
    Hi guys. Clueless me is back.....should I register the tenancy for all of the previous years since 2010 on the form?


    Does it allow for that.

    If to be legit it would be the right way.
    Revenue may be looking for tax also if you didn't register for that.

    best of luck with the sale hope all works out.


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    #21
    Aka Ishur
    Registered Users Posts: 740 ✭✭✭Aka Ishur


    Hold the horses there Darkest um Horse.... you mention that the lease is up in March? Have the couple signed a new lease every year beginning in March? If that is the case you cannot terminate the lease until after the end of the fixed term. You need to be careful here and have the couple on your side because your registration of a tenancy almost 5 years late will look as if you are anticipating an appeal.


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