Termination of Lease

andreoilin

Hi all,

Currently renting a house in Dublin 7 with my partner and our friend. We signed a lease in September 2016 for 1 year.

We received a call today from our landlord that a family member will need the house and that we will have to be gone by June 23rd.

I looked at our contract, and the only break clause option was the sale of the house.

I'm just wondering if she can legally do this?

Baby01032012

No, if you signed a fixed term lease she can only give you the required notice to quit at the end of that fixed term. She can terminate for family member moving in, needs to follow the RTB required format, solicitor declaration, notice period etc...but only after the fixed term has ended.

andreoilin

Hi, thanks for the reply!

I thought as much but I've just read this on the citizen's information website as one of the reasons a landlord can terminate a part 4 tenancy:

If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)

Suppose the best thing to do is contact PRTB?

Samuel T. Cogley

andreoilin wrote: »

Hi, thanks for the reply!

I thought as much but I've just read this on the citizen's information website as one of the reasons a landlord can terminate a part 4 tenancy:

If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)

Suppose the best thing to do is contact PRTB?

You can't have less rights than Part IV but a fixed term lease can give you more.

Graces7

andreoilin wrote: »

Hi, thanks for the reply!

I thought as much but I've just read this on the citizen's information website as one of the reasons a landlord can terminate a part 4 tenancy:

If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)

Suppose the best thing to do is contact PRTB?

Maybe first write to him explaining all this politely ie that you have an unbreakable fixed term lease? See what he replies and keep copies. Chances are he either genuinely does not know the law or....either way you are safe

indyzed

hi we have been renting a house for last 6yrs at the time the owner of the house had used an agent who drew up a lease 3 yrs ago the elderly man who owned the house died then after 2 months we got a call telling us to vacate the house as the rent wasnt being paid we were paying the agent who had a huge arguement with the heir of the will when we said we payed the rent and could proove it they came back too us asking for 300 euro more than what we were paying.
we then payed them without fail get on with neighbours etc look after the property in feb this year we got a call the son wants to move to the house we need the house for family member that was over the phone when my wife told him we need this in writing he eventully sent us letter saying he wanted the property back for his son who was not named ,
i went to threshold and was informed the notice was invalid we then got a letter asking could landlord inspect the property which we complied with he then asked why i would not comply to his previous notice i said invalid notice to which he then said he would send the relivant information with solicitors oath .
since then i found the original lease and i couldnt belive my eyes the lease says 40 years i showed the lease to threshold the confirmed it was legaly binding now its with the prtb anyone else ever see this happen

Baby01032012

Its very hard to follow your post..not sure where one sentence ends and another begins. You signed a 40 year lease to rent a house? And you have taken a case to the RTB for invalid notice as you wish to remain in the house? Do i understand correctly?

Retrovertigo

indyzed wrote: »

word soup

You have more rights for each year you have lived there.

Talk to them is the best advice.

Retrovertigo

To the OP, no she can't.

It's illegal

The_Conductor

indyzed - you need to talk to a solicitor.
Your lease is not a standard lease- to be perfectly honest, I'm not sure I've ever come across a 40 year residential lease such as you're describing.
One way or the other- you need proper legal advice- and we are not permitted to offer that here on this site.

4ensic15

indyzed wrote: »

i went to threshold and was informed the notice was invalid we then got a letter asking could landlord inspect the property which we complied with he then asked why i would not comply to his previous notice i said invalid notice to which he then said he would send the relivant information with solicitors oath .
since then i found the original lease and i couldnt belive my eyes the lease says 40 years i showed the lease to threshold the confirmed it was legaly binding now its with the prtb anyone else ever see this happen

How did you sign a lease not knowing it was for 40 years?

The_Conductor

As the OP *needs* to go and get proper legal advice off-site (and by this OP- I 100% most certainly do not suggest Citizen's Advice Bureau, Threshold or the RTB themselves- go and get proper advice)- I am closing this thread to remove the temptation on the part of posters to offer advice we are not allowed to offer here..........

Thread closed.