Terminating a Part 4 Tenancy

Aye Bosun

Asking this one for my folks, 2 bed house rent out for the last 10 years, great tenants all round. The folks want to terminate the tenancy to get the place done up..new GFSC and extensive re-decorating etc. with idea of moving into it themselves. The house is no longer suitable for the tenants needs as their family has grown and there is more kids than rooms now.

They want to be fair to the tenants in relation to notice as they have been so good to them over the years. Their idea is to give them 1 years notices to vacate giving them ample time to find somewhere suitable for them and schools etc. but if the tenant finds somewhere before the year is up they are happy to end the tenancy at the point that suits the tenant.

I know the max required by the Part 4 is 4months, will giving them a 1 year notice bring any hassle for my folks? They are issuing a notice of termination at the end of the week so just want to make sure.

Michael D Not Higgins

The Part 4 notice is a legal minimum, your parents can agree different notice periods outside of this in consultation with the tenants. In other words, their current plan is entirely legal and very fair. They should have no problems.

Make sure they issue the notice of termination correctly. The PRTB have some sample notices available. For such long tenants, I expect your parents have a good relationship with them, so I expect they'll have a chat first to discuss the plans. However, make sure they also give the written notice.

Aye Bosun

Thanks for the quick response,
I did a copy and paste of the sample NOT from the PRTB site and filled in the relevant dates, names etc for them yesterday. The folks have already talked to the tenants and they aware of what is coming on Friday and seem happy enough with the situation. Just want to make sure it was legit to give 1 years notice.
One more question, they are meeting them Friday to give them the NOT, should they get them to sign something to confirm receipt of the NOT or would it be better to send it by registered post?

Michael D Not Higgins

Aye Bosun wrote: »

Thanks for the quick response,
I did a copy and paste of the sample NOT from the PRTB site and filled in the relevant dates, names etc for them yesterday. The folks have already talked to the tenants and they aware of what is coming on Friday and seem happy enough with the situation. Just want to make sure it was legit to give 1 years notice.
One more question, they are meeting them Friday to give them the NOT, should they get them to sign something to confirm receipt of the NOT or would it be better to send it by registered post?

We'd normally advise registered post but in this case I'd think it's a bit impersonal. Countersigning a second copy that your parents keep might be better.

Aye Bosun

Michael D Not Higgins wrote: »

We'd normally advise registered post but in this case I'd think it's a bit impersonal. Countersigning a second copy that your parents keep might be better.

Great, thanks for the advice, much appreciated!

Mrs OBumble

Aye Bosun wrote: »

The house is no longer suitable for the tenants needs as their family has grown and there is more kids than rooms now.

Agree with all advice so far.

One thing - don't mention the bit I've quoted above. There is no requirement for there to be a separate bedroom for each child.

So just say that the reason is that the house is needed for parents to renovate and move in to.

Aye Bosun

Mrs OBumble wrote: »

Agree with all advice so far.

One thing - don't mention the bit I've quoted above. There is no requirement for there to be a separate bedroom for each child.

So just say that the reason is that the house is needed for parents to renovate and move in to.

According to Section 34 Paragraph 2 of the Residential Tenancies Acts 2004 there is..'The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household'

They want to include this in NOT in the event they decide not to move into the property after the renovations are complete as they are still making their minds up if this would be the right move for them at this stage of their lives or leave it for another couple of years before moving into it. But they want to get the renovation done now while they still have the energy to take on such a big project.

So they want the NOT to comply with the following from Section 34 as well...
5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—
(a) specifying the nature of the intended works, and
(b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
(i) the dwelling becomes available for reletting, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

They have quoted both extensive renovation and the suitability of the property in reasons for the NOT.