Eviction notice citing family member moving

rom9

Hi Guys

This is the story:

4 year lease for a single bedroom apartment in Dublin city center. Last rent increase (was 10%) was 2.5 years ago. Lease ends in March 1 2017.
Landlord shows up and puts in an eviction notice dated May 22. reason given is renovation and possible let out to a family member thereafter. I asked for a new lease if possible but was denied in light of the reasons he have above. Even asked if I can come back after the renovation but no.

I am not satisfied with his reasoning that he wants it for a family member. Seems he wants to raise the rent a lot and he wont be able to do that with me. Is there anything I can do here. I am ok if he increases the rent inline with the law but he seems adamant.

sashaw

This happened to me in Woodbrook D15 before and my landlord only give me 1 months notice. Are they obliged to give 3 months notice?

rom9

sashaw wrote: »

This happened to me in Woodbrook D15 before and my landlord only give me 1 months notice. Are they obliged to give 3 months notice?

I think legally if the lease is over they are required only a months notice !

dudara

sashaw wrote: »

This happened to me in Woodbrook D15 before and my landlord only give me 1 months notice. Are they obliged to give 3 months notice?

The length of your notice period depends on how long you have been resident, so it's hard to answer without knowing your specifics.

Paulw

Even if you are evicted, he still can't increase the rent to any greater extent than he can with you there. The law doesn't make any difference who the tenant is, only the rent rate.

athtrasna

After renovation you should be given first refusal if it goes back on the rental market. If you're in a RPZ the rent can only increase in accordance with the new law. Give threshold a call for advice.

rom9

Paulw wrote: »

Even if you are evicted, he still can't increase the rent to any greater extent than he can with you there. The law doesn't make any difference who the tenant is, only the rent rate.

Thanks ! So u mean he is genuinely doing this for a family member ? IN that case I cant do much can I ?

Paulw

As long as the landlord knows this.

Also, you should check out your Part IV tenancy rights, assuming you are there more than 6 months.

rom9

Paulw wrote: »

As long as the landlord knows this.

Knows what ?

Paulw

rom9 wrote: »

Knows what ?

Knows that he still can't increase it any more than he could with you, as per the new laws. Some landlords seem to think it only applies to the current tenants and not to the rental of the unit.

CIARAN_BOYLE

Paulw wrote: »

Knows that he still can't increase it any more than he could with you, as per the new laws. Some landlords seem to think it only applies to the current tenants and not to the rental of the unit.

If there's significant renovation the 4% goes out the window.

rom9

CIARAN_BOYLE wrote: »

If there's significant renovation the 4% goes out the window.

How do u define significant ?

rom9

Paulw wrote: »

Knows that he still can't increase it any more than he could with you, as per the new laws. Some landlords seem to think it only applies to the current tenants and not to the rental of the unit.

But if I do get evicted he can literally charge whatever he wants with the next tenant. How would anyone know ? I wouldn't know cause I am not there and the new person wouldn't either. So maybe thats how he plans to get away with it.

Paulw

Paulw wrote: »

Even if you are evicted, he still can't increase the rent to any greater extent than he can with you there. The law doesn't make any difference who the tenant is, only the rent rate.

Well he isn't legally allowed to but you can be sure a large percentage of people will be chancing their arm as its fairly hard to enforce and a terribly unfair rule to boot.

Paz-CCFC

Since the OP is still in a fixed-term tenancy, is the landlord allowed to use the reasons for renovation/family member? These reasons are specifically for termination of a Part 4 tenancy; I would have thought that it'd have to become a Part 4 before the landlord could use such reasons to terminate. Not while the fixed-term is still running. So, he shouldn't be able to issue the notice of termination for these reasons until March when the fixed-term expires. By then, the minimum notice period would be 112 days, so that'd put the termination date back to June/July.

Even if the law allows the landlord to issue a notice for such reasons towards the end of the fixed-term lease but before the expiry, wouldn't the fact that it's four years entitled the OP to the minimum notice for a tenancy of that length. Ie, 112 days. So, if issued in the last few days, it should give p until the middle of May, not the end of April.

Just another few points. If the reason is substantial renovation, it must state the nature of the intended works, give a copy of the planning permission (if obtained/applicable) and, as others have said, it must be offered back to you (if re-let within six months of the termination, but not necessarily at the same rent). Him stating that he might "possibly" give it to a family member is useless. This isn't a valid reason to terminate a Part 4 tenancy. The landlord has to actually require it for use by a family member, not that it maybe. And the notice must give the identity of this person, the relationship to the landlord and the expected duration of the tenancy. If it ends after six months, then he must offer it back to you. Both re-offers/first refusals are only necessary if, following 28 days of the notice being issued (or of the RTB determination, if you challenge and it's deemed valid), you give your contact details to be used for the purposes of offering it back to you.

Though the first reason might hold up, the second will not. I'd be sceptical of it being used as an excuse not to offer it back to you as he is legally obliged to. If the substantial renovation/refurbishment part didn't give the nature of the intended works and let you know that you have first refusal, then it wouldn't comply with the legislation and seem to be an invalid notice.

As others have said, you should read up on Part 4 tenancies in particular. The Residential Tenancies Act 2004, though there is a bit to it, is one of the easier pieces of legislation to follow. Threshold also have document explaining things in simpler language. Remember though, Part 4 is the basic rights that you have. Fixed-term tenancies, which you have for another small bit, can only offer you more protection on top of your basic rights. A landlord can only terminate a fixed-term tenancy for breaches of obligations, not just for the added reasons that a Part 4 can be terminated for.

CIARAN_BOYLE

rom9 wrote: »

How do u define significant ?

Well it's not defined in legislation so I would expect that in 6-12 months we will have a body of precedence to make our decisions in this area.

At the moment no one knows.

rom9

Willow Shy Backward wrote: »

Well he isn't legally allowed to but you can be sure a large percentage of people will be chancing their arm as its fairly hard to enforce and a terribly unfair rule to boot.

Exactly. He is not legally allowed to but I have seen landlords do this time and again (happened to me and some friends 7 years ago). He kicked us all out under the pretext of renovation and then we saw the sample place up on daft a month later !

rom9

Paz-CCFC wrote: »

Since the OP is still in a fixed-term tenancy, is the landlord allowed to use the reasons for renovation/family member? These reasons are specifically for termination of a Part 4 tenancy; I would have thought that it'd have to become a Part 4 before the landlord could use such reasons to terminate. Not while the fixed-term is still running. So, he shouldn't be able to issue the notice of termination for these reasons until March when the fixed-term expires. By then, the minimum notice period would be 112 days, so that'd put the termination date back to June/July.

Even if the law allows the landlord to issue a notice for such reasons towards the end of the fixed-term lease but before the expiry, wouldn't the fact that it's four years entitled the OP to the minimum notice for a tenancy of that length. Ie, 112 days. So, if issued in the last few days, it should give p until the middle of May, not the end of April.

Apologies I counted the months wrong, the lease ends March 1 and the notice to vacate is on till May 22.

Does that change anything ?

Thanks for the links. I am also getting in touch with Threshold.

4ensic15

rom9 wrote: »

Apologies I counted the months wrong, the lease ends March 1 and the notice to vacate is on till May 22.

Does that change anything ?

Thanks for the links. I am also getting in touch with Threshold.

The RTB take the view that notice cannot be given during the fixed term. Also there are various formalities with the notice. If it is for the housing of a family member it should name the person and say how long they will be there. There are also requirements for a statutory declaration to accompany the notice.

newacc2015

rom9 wrote: »

Exactly. He is not legally allowed to but I have seen landlords do this time and again (happened to me and some friends 7 years ago). He kicked us all out under the pretext of renovation and then we saw the sample place up on daft a month later !

If it happens to you, you are entitled to bring a case to the RTB. I know landlord who had evicted tenants due to pipes bursting and floors/walls having to be replaced. Landlords do have to do serious renovations from time to time.

If you feel you have been unfairly evicted, the RTB is there to bring a case

Paulw

newacc2015 wrote: »

I know landlord who had evicted tenants due to pipes bursting and floors/walls having to be replaced.

Those are repairs, not renovations, and so not grounds for eviction.

Pkiernan

Your first post said you are almost at the end if 4 years living there.
Sounds like your Part IV tenancy is coming to an end.
You can be served notice to leave. I believe you are entitled to 112 days.

rom9

Pkiernan wrote: »

Your first post said you are almost at the end if 4 years living there.
Sounds like your Part IV tenancy is coming to an end.
You can be served notice to leave. I believe you are entitled to 112 days.

Yes indeed I said it in the original post that the 4 year period is coming to an end on March 1 and the notice is for May 22. My questions was if its legal for him to serve a notice. Are landlords allowed to evict tenants after the lease is ending without giving clear and concrete reasons ? This seems absurd that i can be kicked out even if u agree to extend the release

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Paulw

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Revenue, RTB?? Rent and income from rent is filed with both.

It's up to the powers that be to enforce it. How? I am not sure, but I'd bet that they have thought about it and have something in place to catch it.

A tenant making a complaint would be easy to enforce, but I'd be very surprised if they don't have another way of monitoring it.

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Paulw

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RTB and Revenue can both independently determine what you are doing. Don't you declare rent income to Revenue and separately declare the rent when registering with the RTB? So, both have enough details to work it out.

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Michael D Not Higgins

OP, few have actually mentioned the rights and obligations of the landlord in relation to the notice they've given. If the notice of termination is in line with the Section 34 (a) requirements and it has mentioned the renovations and family member moving in, it must also provide:

1. In relation to the renovations, whether or not planning permission is required and a copy if it is. If not, then it must contain details of the work and the contractor, if any, hired to carry out the work, the planned start date and duration. At the end of renovation, you must be given the first refusal of the next letting but by virtue of the renovations, the rent may be increased to market rate independently of the rent control recently brought in.

2. You say the notice says "possible let out to a family member thereafter". If that's the case they are not invoking this as a reason. If it says they are letting to a family member then you are entitled to a notice that specifies the family member and their relation to the landlord and their expected duration of occupation. This must be in the form of a statutory declaration, e.g. signed in front of a solicitor. Also they must give you first refusal of the next letting should it be up for letting again within 6 months of the expiry of your notice.

Final point, there is a process to terminate a tenancy in line with Section 34 (b) without the above guidelines to the valid reasons. I'm not sure on the details and how the RTB has interpreted the legislation in this regard but if you are in doubt on the validity of your notice, dispute it with the RTB.

Gumbo

rom9 wrote: »

Yes indeed I said it in the original post that the 4 year period is coming to an end on March 1 and the notice is for May 22. My questions was if its legal for him to serve a notice. Are landlords allowed to evict tenants after the lease is ending without giving clear and concrete reasons ? This seems absurd that i can be kicked out even if u agree to extend the release

So the date from the 1st March to the 22nd May is the eviction notice.

He has giving concrete reasons, renovation and family member moving in.

padd b1975

rom9 wrote: »

Exactly. He is not legally allowed to but I have seen landlords do this time and again (happened to me and some friends 7 years ago). He kicked us all out under the pretext of renovation and then we saw the sample place up on daft a month later !

You can do a lot in the space of a month if it's well planned with reliable tradesmen.

OP is in a one bed apartment-not exactly huge scope there for substantial renovations.

Gumbo

padd b1975 wrote: »

You can do a lot in the space of a month if it's well planned with reliable tradesmen.

OP is in a one bed apartment-not exactly huge scope there for substantial renovations.

Time frame doesn't come into it, in that month, the apartment could have every floor replaced, painted throughout, new bathroom, new kitchen and new fitted wardrobes.

That would be a substantial renovation and all carried out well within a month.

riffmongous

kceire wrote: »

So the date from the 1st March to the 22nd May is the eviction notice.

He has giving concrete reasons, renovation and family member moving in.

'Possibly' moving in, hardly concrete

Gumbo

riffmongous wrote: »

'Possibly' moving in, hardly concrete

But we have no proof its not happening until the works are complete and the OP checks back in June/July?

ted1

Paulw wrote: »

Even if you are evicted, he still can't increase the rent to any greater extent than he can with you there. The law doesn't make any difference who the tenant is, only the rent rate.

After alterations they can raise it.

Pkiernan

The tenancy us coming to an end.
A new Part IV tenancy will start. The OP can be evicted without reason during first 6 months of the new tenancy with required notice period.

It's not absurd that a landlord be allowed to legally take back control of his property.

4ensic15

Pkiernan wrote: »

The tenancy us coming to an end.
A new Part IV tenancy will start. The OP can be evicted without reason during first 6 months of the new tenancy with required notice period.

That provision has been removed from the legislation.

Pkiernan

4ensic15 wrote: »

That provision has been removed from the legislation.

Not for tenancies that commenced prior to enactment of this legislation.

4ensic15

Pkiernan wrote: »

Not for tenancies that commenced prior to enactment of this legislation.

Not Correct. It only remains in force where a further part 4 had commenced or a notice under section 42 had commenced.

Planning and Development (Housing) and Residential Tenancies Act 2016

Repeal of section 42 (termination of additional rights) of Act of 2004, transitional provisions and consequential amendments
41. (1) Section 42 of the Act of 2004 is repealed.
(2) Where a further Part 4 tenancy has commenced on or before the commencement of this section, then section 42 shall continue to apply to that tenancy as if subsections (1) and (4) had not been enacted.
(3) Where, before the commencement of this section, a notice under section 42 of the Act of 2004 has been served on a tenant, then that section shall continue to apply to that notice as if subsections (1) and (4) had not been enacted.
(4) The provisions of the Act of 2004 referred to in column (2) of Part 2 of the Schedule are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.