Notice period for tenant who is there less than 6 months.

Rob Thomas

Hi.

I won't bore you with the intricate details but essentially I have a new tenant who is renting a property from me and moved in last Nov, signing an initial 12 month lease.

Unfortunately it had not worked out, he is poor with money and is falling further and further into arrears with the rent and I know, despite what he says he won't improve and he simply needs to find somewhere smaller and cheaper.

My question is what notice period I need to give him to vacate? My understanding is that I don't need to give a reason, but even if I do he is long enough in arrears to justify action anyway and he has been issued the "bring up to date" letters etc. I've tried to follow all the requirements and I think I have it fairly ok.

I want to be fair with him but I also need to sort this out because he just isn't going to work out. He's essentially dishonest, keeps promising but not delivering, going to ground etc and put simply it's in everyone's best interests if he just moves on. I can't deal with someone like that.

I tried to look up the act but it's not clear to me what refers to part 4 and what does not. He won't be 6 months in until the end of March so I want to deal with him before then.

Thanks

The_Morrigan

This is relevant to you:

Your landlord can give less notice if you are not keeping your obligations (28 days) or if there is serious anti-social behaviour (7 days). Anti-social behaviour includes violence, threats or intimidation as well as any persistent behaviour that interferes with neighbours.

If your rent is in arrears, your landlord can give notice of 28 days, subject to the following:

The landlord gave you written notification of the amount owing and you still had not paid 14 days after you got this notification
For a Part 4 tenancy, the landlord also notified you that you have breached the terms of the tenancy and of his entitlement to terminate the tenancy if the breach was not remedied within a specified reasonable period
Landlords and tenants can agree shorter notice periods than the minimum periods set out above, but they can only do so at the time they decide to terminate the tenancy. It is illegal to agree a shorter notice period at the start of the tenancy.

Landlords and tenants can also agree longer notice periods, but the maximum is 70 days when the tenancy has lasted less than 6 months.

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

So issue the 14 days notice of arrears and if the arrears are not cleared in that time frame, then issue the 28 days notice to vacate

Rob Thomas

The_Morrigan wrote: »

This is relevant to you:




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

So issue the 14 days notice of arrears and if the arrears are not cleared in that time frame, then issue the 28 days notice to vacate

Exactly what I needed, thank you.

You can nearly close the thread if you want!

The_Morrigan

Rob Thomas wrote: »

Exactly what I needed, thank you.

You can nearly close the thread if you want!

Grand job - drop me a pm if you need it re-opened.