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Can a landlord do this?

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  • 22-06-2016 5:08pm
    #1
    freshpopcorn
    Registered Users Posts: 30,400 ✭✭✭✭


    This is just a situation I've often wondered about.
    There's a landlord with a very toxic tenant and there very troublesome. So they decide to evict them and issue a notice and they say the reason is because they going to sell the house/renovate it.
    Could the landlord simply do a bit of research and get a few quotes off builders and inquire off auctioneers about selling the property and simply say they changened their mind and put the property back on the market in a few weeks?


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    #2
    lollsangel
    Registered Users Posts: 473 ✭✭lollsangel


    freshpopcorn wrote: »
    This is just a situation I've often wondered about.
    There's a landlord with a very toxic tenant and there very troublesome. So they decide to evict them and issue a notice and they say the reason is because they going to sell the house/renovate it.
    Could the landlord simply do a bit of research and get a few quotes off builders and inquire off auctioneers about selling the property and simply say they changened their mind and put the property back on the market in a few weeks?

    They can, but legally would have to offered back to tenant 1st.


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    #3
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,280 Mod ✭✭✭✭The_Conductor


    lollsangel wrote: »
    They can, but legally would have to offered back to tenant 1st.

    Not necessarily at the rent at which the tenant had originally been paying- aka you are offering the tenant first refusal on the property- at the current market rent........


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    #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    The tenant could also take it to the RTB who might see it as a scam to either illegally evict the tenant or to illegally increase the rent where it couldn't otherwise be increased for 2 years.

    But if the tenant is already "toxic" I would imagine they would be very hard to get out and may even stop paying rent at all till the whole RTB and courts system has been exhausted by the landlord.


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,280 Mod ✭✭✭✭The_Conductor


    foggy_lad wrote: »
    The tenant could also take it to the RTB who might see it as a scam to either illegally evict the tenant or to illegally increase the rent where it couldn't otherwise be increased for 2 years.

    Correct- it would be up to the landlord to show that there was legitimate cause for terminating the tenancy in the first instance (this could be the fact that the property was advertised on Daft.ie / Myhome.ie for sale- or that significant work was undertaken (a series of before and after photos would support this).

    The landlord would be on the backfoot with the RTB on this- they would have to show that the ending of the tenancy was not on spurious grounds..........


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