Query re. Fixed term lease and landlord giving notice

Dotsy04

Posting this for a friend not on boards.

She owns an apartment and new tenants moved in in October last and signed a 12 month lease.

Due to an unfortunate change in her circumstances she now needs to move back to this apartment with her child ASAP.

The PRTB told her that she could not break the fixed term lease so could not serve notice until next October.

I thought that notice could be given any time within the first six months and given that it is required for her own use (which it absolutely and genuinely is) then she could give written notice to her tenants taking the relevant notice periods into account.

Can anybody clarify this? I understand that it is very unfortunate for the tenants in question as does my friend but she did not foresee her circumstances change as quickly as they have.

Penny Tration

The RTB are correct.

You can give notice in the first six months for no reason, if no fixed term lease is in place.

With a fixed term lease, it's a contract for a fixed term, so she can't end it unless tenant obligations (such as paying rent) are not being met.

the_syco

Dotsy04 wrote: »

Due to an unfortunate change in her circumstances she now needs to move back to this apartment with her child ASAP.

She'll get further with honey than vinegar. She could ask if the tenants wouldn't mind leaving early as she needs the place herself, and the last month free may sway them to her side.

You don't ask, you don't get. But she only has once chance, so if she goes in guns blazing, she won't get anywhere.

Dotsy04

the_syco wrote: »

She'll get further with honey than vinegar. She could ask if the tenants wouldn't mind leaving early as she needs the place herself, and the last month free may sway them to her side.

You don't ask, you don't get. But she only has once chance, so if she goes in guns blazing, she won't get anywhere.

Valid point and to be fair she had gone with the good cop approach and is following all correct channels in the hope that they can sort it amicably and tenants might leave if they can find somewhere else suitable.

DaraDali

Dotsy04 wrote: »

Valid point and to be fair she had gone with the good cop approach and is following all correct channels in the hope that they can sort it amicably and tenants might leave if they can find somewhere else suitable.

Love that you say Good Copy Approach, she has no other recourse :rolleyes: I agree with the posters above, legally she has to abide by the terms of the fixed term lease and should offer an incentive to the tenants

the_syco

Dotsy04 wrote: »

Valid point and to be fair she had gone with the good cop approach and is following all correct channels in the hope that they can sort it amicably and tenants might leave if they can find somewhere else suitable.

Less good guy, and more bribe bribe bribe. Otherwise the tenant has no incentive to leave.

Peregrinus

Dotsy04 wrote: »

. . . I understand that it is very unfortunate for the tenants in question as does my friend but she did not foresee her circumstances change as quickly as they have.

Obviously she didn't, or she wouldn't have let the place for a 12-month term.

As others have said, what's let is let. She can't compel them to leave, but she can try to get them to agree to leave.

If they don't, she is (presumably) going to have to rent a place for herself and her child. Obviously, she'll have some income coming in from her own place while it is let to offset the rent on the place she takes for herself. Still, between one thing and another this is likely to cost her money. It makes sense for her to offer her own tenants money to vacate early, up to whatever nett amount it would cost her to rent another place, if they didn't vacate early.

Dotsy04

the_syco wrote: »

Less good guy, and more bribe bribe bribe. Otherwise the tenant has no incentive to leave.

Turn of phrase was all the "good cop" comment was. She has offered incentive and will await developments