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Notice of termination after 5 months - notice period?

  • 13-08-2015 8:26pm
    #1
    Hannaho
    Registered Users, Registered Users 2 Posts: 733 ✭✭✭


    My tenant has a fixed lease of six months but has gone from paying the rent monthly to only paying it weekly and then a lesser amount - I want to sell the house anyway - what is the notice period for a tenant who has only been there five months on a fixed lease of 6 months - can't seem to fathom PRTB guidelines.

    Thanks.


Comments

  • #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Your tenant only acquires part 4 rights after 6 months so I wouldn't hang around too long before you act.

    From what I can see you have 2 directions.

    1) proceed on the basis that the tenant has failed to comply with the obligations of the tenancy (having first been notified, in writing, of the failure, and given an opportunity to remedy it).

    2) give your tenant notice that you will not be renewing the lease after the 6 months. I can't find anything for statutory notice periods for such short-term tenancies, take legal advice and/or phone the PRTB 0818 30 30 37.


  • #3
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Graham wrote: »
    Your tenant only acquires part 4 rights after 6 months so I wouldn't hang around too long before you act.

    From what I can see you have 2 directions.

    1) proceed on the basis that the tenant has failed to comply with the obligations of the tenancy (having first been notified, in writing, of the failure, and given an opportunity to remedy it).

    2) give your tenant notice that you will not be renewing the lease after the 6 months. I can't find anything for statutory notice periods for such short-term tenancies, take legal advice and/or phone the PRTB 0818 30 30 37.

    28 days notice. Issue it now. Deduct any arrears from the deposit.


  • #4
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Its 28 days notice, but the day its issued on doesn't count for the 28 days. If you make that mistake, the notice is invalid. If someone is trouble now, evict them now. I have yet to see a tenant redeem themselves.


  • #5
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    newacc2015 wrote: »
    Its 28 days notice, but the day its issued on doesn't count for the 28 days. If you make that mistake, the notice is invalid. If someone is trouble now, evict them now. I have yet to see a tenant redeem themselves.

    So True. ..


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