Tenants notice

Baby01032012

Hi all,

I rent out a 2 bed apartment near Christchurch. One of the tenants sent me a text this morning. I'm moving out next week, could you type me a reference, new tenants details are...
Now I guess it doesn't make any difference once the rent is paid. And tenants have right to find a replacement. A little notice and chance to OK the new tenant would have been nice. Given the way tenancy law is and the notice I as a landlord would have to give never mind the restrictions on ending a lease. Whereas tenants can casually come and go it seems.

So now there is only one tenant remaining as per the lease. A girl did move in, to replace another tenant but I wasn't even given her name. I had been good to the tenants, didn't increase rent as they couldn't afford so now I'm stuck with 400€ per month under market rate and only 1 tenant that is on the lease.

I was considering terminating the lease anyway come July with appropriate notice when the part IV expires. And getting in new tenants that I actually have vetted. Either that or going with short term let's if the house rules allow.

Just looking for opinions on the way the tenant has casually left and replaced without seeking approval.

amcalester

I don't think you have to accept the new tenants but if you don't you have to allow the old tenant break the lease without penalty.

Is that an option?

Baby01032012

amcalester wrote: »

I don't think you have to accept the new tenants but if you don't you have to allow the old tenant break the lease without penalty.

Is that an option?

I think I do have to accept once they are a reasonable replacement. Breaking the lease would suit me otherwise I have to wait til July until end of Part IV. They're not on a fixed term lease.

Baby01032012

I should add that I accidentally came across the ad on Daft last week that they put up looking for a new tenant. Thing is they mentioned in add 1 year plus. I've no intention of putting new person on lease. They don't seem to realise the part IV is up in July.

cerastes

Do you really have to ask? you have no obligation to take this new person, ok the old tenant is away, regarding deposit and a reference, that depends on what the circumstances are, but they just gave you near to no notice so, whatever you think. hey have no business letting the place out on your behalf, for all they knew you were holding out to renovate/move in a relative or yourself but were tied to them. Id let the lease end and look over the place with a view to refreshing and then let on your own terms.

amcalester

You need to be careful here or you could find yourself in a sticky situation.

Are any of the original tenants still living in the apartment?

You need to check if this new tenant acquires Part IV rights immediately or after 6 months.

You should also check if you are required to accept the new tenant, I'm pretty sure you don't but the RTB will confirm.

amcalester

First thing I'd be doing is ringing the tenant and giving them a very stern talking to about why they think they can advertise a room in your house without your consent, why they think they can choose a new tenant without your consent and why they think they can leave with one weeks notice. Tell them you want the full 8 weeks notice or to be paid for the next 8 weeks rent by them*

You don't necessarily have to mean this but they deserve a fright for being so damn cheeky. The fact their part 4 is up soon would make me much more inclined to be tough on the tenant compared to if they could stay for years.

EDIT: and just to add tell them there is no way they are getting a reference.

amcalester wrote: »

Are any of the original tenants still living in the apartment?

You need to check if this new tenant acquires Part IV rights immediately or after 6 months.

Part 4 runs from 6 months after the tenancy begins regardless of if the original people are their or not. The new person moving in will not get a separate part 4 to the person already living there.

Baby01032012

amcalester wrote: »

You need to be careful here or you could find yourself in a sticky situation.

Are any of the original tenants still living in the apartment?

You need to check if this new tenant acquires Part IV rights immediately or after 6 months.

You should also check if you are required to accept the new tenant, I'm pretty sure you don't but the RTB will confirm.

There is one original out of 3 remaining. Part IV commences with the first tenant and any subsequent people who take over take on the existing tenure as if they had been there from day.

newacc2015

First of all I would tell the tenant, that they aren't getting a reference. They decided to tell you this morning that they were moving out next week, despite knowing they were planning to move out well over a week ago. IMO a tenant only should get a reference when they were a somewhat decent tenant.

One option you could do is inform the tenant, that you dont agree with the new tenant. Find a Trinity student on Erasmus and put them in there until the end of may/june, as you will be sure they will be gone by July. So you dont have to worry about a new tenant gaining part IV as they will be moving out anyway. Maybe take a hit on not getting rent for June/part of July, but will be sure that the tenant is gone and you can evict the others

Samuel T. Cogley

I admire your integrity but I'd be giving them the reference unless I'd had to force them out though the RTB/Courts. By not giving them a reference the OP could be stuck with a begrudging tenant, and who knows where that leads. I realise this makes the whole point of references pointless but I'm simply sharing what I believe to be a realistic position.

Can you terminate a Part IV now at the end, they don't automatically roll on or something?

Libertarian Kant

Libertarian Kant wrote: »

I admire your integrity but I'd be giving them the reference unless I'd had to force them out though the RTB/Courts. By not giving them a reference the OP could be stuck with a begrudging tenant, and who knows where that leads. I realise this makes the whole point of references pointless but I'm simply sharing what I believe to be a realistic position.

Can you terminate a Part IV now at the end, they don't automatically roll on or something?

F**k them they don't deserve the reference and they are most likely going to leave anyway. Even if they don't part 4 is ending and on top of that it's a shared house so I wouldn't see the same risk in having an over holding tenant as people come and go much more anyway.

Yes you can terminate part 4 in the first 6 months.

4ensic15

Melanie Nice Hangar wrote: »

F**k them they don't deserve the reference and they are most likely going to leave anyway. Even if they don't part 4 is ending and on top of that it's a shared house so I wouldn't see the same risk in having an over holding tenant as people come and go much more anyway.

Yes you can terminate part 4 in the first 6 months.

A part 4 cannot be terminated in the first 6 months.

Baby01032012

4ensic15 wrote: »

A part 4 cannot be terminated in the first 6 months.

Preventing a further Part 4 tenancy
If a landlord wishes to stop a further Part 4 tenancy coming into existence, they may serve a notice during the original Part 4 tenancy, with the notice period expiring on or after the end of the tenancy. A notice served in this way should provide a reason for termination, but the reason does not need to be one of the above grounds.

Baby01032012

Googled the guy that the tenant leaving out to replace him. Seems unsuitable. LinkedIn profile has had lots of very short term jobs and seems to be looking for work. Facebook doesn't help either going by the photos. Daft roommate search shows that he has just returned to Ireland and this apartment share is outside his budget. Doesn't sound like he would reliably pay.

4ensic15

Baby01032012 wrote: »

I think I do have to accept once they are a reasonable replacement. Breaking the lease would suit me otherwise I have to wait til July until end of Part IV. They're not on a fixed term lease.

If you don't accept the proposed assignment the lease ends. In this case it is not quite an assignment as there is a continuing tenant.

4ensic15

4ensic15 wrote: »

A part 4 cannot be terminated in the first 6 months.

You know what I mean. pedantic You can terminate a tenancy in the 6 months between part 4 and further part 4 pedantic.

Baby01032012

Melanie Nice Hangar wrote: »

You know what I mean. pedantic You can terminate a tenancy in the 6 months between part 4 and further part 4 pedantic.

You cant anymore since 17 January as i read it. However you can prevent a further Part IV with 84 days notice ending on or after the date that the original Part IV ends. Ive sent an email to the RTB to clarify this though.

newacc2015

Baby01032012 wrote: »

You cant anymore since 17 January as i read it. However you can prevent a further Part IV with 84 days notice ending on or after the date that the original Part IV ends. Ive sent an email to the RTB to clarify this though.

I think you are right about the new part IV rules. Hence my suggestion of taking an Erasmus student here until the end of May/mid June. They will leave anyway.

4ensic15

Melanie Nice Hangar wrote: »

You know what I mean. pedantic You can terminate a tenancy in the 6 months between part 4 and further part 4 pedantic.

You should say what you mean. Even if you had said it, it would be wrong.