landlord want to move in

pppeter

my family was renting an apt in rent pressure zone for last 5 years.
our rent was increased 3 times and its 15000 now.
we had agreement in papers for the first year only.
he can increase rent by 4% after this december as per law, in my understanding.

now he informed us he want to move in to apt as he is doing some house renovation.
he says renovation is for 6-7 months and he doesn't seems to have plan to give it back to us.

I know he owns other apts and renting out them.

I strongly think he is just making this up to move us out.
he can get 2000 if he rent it fresh.

we where saving money for buying house/apt.
moving out in next 4-5 months doesn't come in our plan.

what legal options we have.
he haven't registered our renting with PRTB. I don't see our apt in PRTB list.

Moonbeam

Ring the PRTB and see what your rights are.

spaceHopper

If he give you notice in writing he have to give you 12 or 16 weeks, this might make him think twice, ask him to show you the tender doc's for the work he is doing to his own house, check the address for planning permission. From what he is say he should have one or both.

ibarelycare

As far as I know he can't increase it above 4% even with new tenants, unless he does refurbishments.

Ms Doubtfire1

you're in the second part 4 tenancy - he needs to give you serious notice but he can terminate if he needs the house for himself.

Lumen

Ms Doubtfire1 wrote: »

you're in the second part 4 tenancy - he needs to give you serious notice but he can terminate if he needs the house for himself.

It's a bit confusing though, since he's mixing up terminating for renovation and terminating for personal use.

gizmo81

Edit: renovating the flat or his own house?

You are in a further part 4 tenancy.

http://www.threshold.ie/advice/dealing-with-problems-during-your-tenancy/security-of-tenure/

For refurbishment he needs to prove that it is a 'substantial refurbishment' to the RTB at the dispute, this includes quotes, timeframes etc

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

And at the end he still has to offer you back the property if available in six months. You have to give him your details.

Has he actually given you written notice of termination?

Firstly, I'd tell him you are going to open a dispute with the RTB.

Secondly, tell him that under the legislation that you have to be offered the property back again once works are complete. Advise you will be available to return to the property after the works and that there will be no benefits if new tenants go in as he has to adhere to:

Additional Requirement for New Tenancies in Rent Pressure Zone
In the case of a new tenancy in a rent pressure zone, a landlord is required to furnish the tenant, in writing, with the following information at the commencement of the tenancy:
(i) The amount of rent that was last set under a tenancy for the dwelling;
(ii) The date the rent was last set under a tenancy for the dwelling;
(iii) A statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to the rent pressure zone formula.

pppeter wrote: »

my family was renting an apt in rent pressure zone for last 5 years.
our rent was increased 3 times and its 15000 now.
we had agreement in papers for the first year only.
he can increase rent by 4% after this december as per law, in my understanding.

now he informed us he want to move in to apt as he is doing some house renovation.
he says renovation is for 6-7 months and he doesn't seems to have plan to give it back to us.

I know he owns other apts and renting out them.

I strongly think he is just making this up to move us out.
he can get 2000 if he rent it fresh.

we where saving money for buying house/apt.
moving out in next 4-5 months doesn't come in our plan.

what legal options we have.
he haven't registered our renting with PRTB. I don't see our apt in PRTB list.

Teyla Emmagan

spaceHopper wrote:

If he give you notice in writing he have to give you 12 or 16 weeks, this might make him think twice, ask him to show you the tender doc's for the work he is doing to his own house, check the address for planning permission. From what he is say he should have one or both.

He doesn't have to show you any of this. He might have to show the RTB alright if they ask but that's a different story. And most renovations don't require planning permission.

Lumen

gizmo81 wrote: »

Has he actually given you written notice of termination?

Firstly, I'd tell him you are going to open a dispute with the RTB.

Wouldn't it be better to ask for notice in writing and say nothing else yet?

If you tell him now that you're going to dispute it he might actually bother to do some research and issue a valid notice.

pppeter

he is renovating his own home. not the apt which we renting.

gizmo81

Until he gives you a document along these lines then say nothing.
On receipt of this then prepare to refer a dispute to the RTB.


SAMPLE NOTICE OF TERMINATION
To: (INSERT NAME)
Your tenancy of the dwelling at (Insert Address of Rented Dwelling) will terminate on XX/XX/XXXX. You must vacate and give up possession of the dwelling on or before the termination date. The reason for the termination of the tenancy is that the landlord requires the dwelling or the property containing the dwelling for [his or her own occupation / occupation by a member of his or her family] (delete as appropriate).
[Insert one of the following]:
The landlord, [insert name], expects to occupy the dwelling for / until [specify intended duration of occupation].
[or alternatively, if the intended occupant(s) is not the landlord]
[Insert name of intended occupant(s) and relationship to the Landlord] expects to occupy the dwelling for / until [specify intended duration of occupation].

The landlord will offer you the opportunity to re-occupy the dwelling if:
(a) the dwelling is vacated by [name of intended occupant(s)] within the period of 6 months from expiry of the period of notice given by this notice of termination or, if a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, the final determination of the dispute;
(b) the tenancy to which this notice relates has not otherwise been validly terminated by reason of a ground specified in paragraph 1, 2, 3 or 6 of the Table to section 34 of the 2004 to 2015 Acts;
(c) you provide your contact details to the landlord within 28 days from the service of this notice or the final determination of a dispute referred to the Board relating to the validity of this notice; and
(d) you notify the landlord as soon as possible of any change in your contact details.

You have the whole of the 24 hours of the termination date to vacate and give up possession of the above dwelling.
 
Any issue as to the validity of this notice or the right of the landlord to serve it, must be referred to the Residential Tenancies Board under Part 6 of the Residential Tenancies Acts 2004 to 2015 within 28 days from the date of receipt of it.
 
This notice is served on XX/XX/XXXX.

Signed:  
_________________________
A. N. Other 

https://www.rtb.ie/dispute-resolution/dispute-resolution/sample-notices-of-termination

pppeter wrote: »

he is renovating his own home. not the apt which we renting.

Browney7

Wait for valid notice before doing anything. If you go to the RTB then it might buy you some time.

If you have to leave, keep an eye on daft for the place. If you see it readvertised for much higher he's in trouble. If you don't see it readvertised, call round to the place after a month or two and offer the new tenant a cut of any settlement you get....

Or else say these inclinations out loud so your landlord hears them....

davo10

If the Landlord terminates tenancy due to the fact he is moving into the property and needs it for his own use, is the renovation of his other house relevant? The owner moving into the property is a legitimate reason to terminate Part 4 giving the correct notice, there doesn't seem to be any provision in the Act that states he must live there permanently into the future, the RTB site just says that if the LL or relative moves out within 6 months, the tenant must the offered the option to re-occupy. Op said he plans to be there at least 6-7 months so that would seem to satisfy RTB requirements.

http://www.rtb.ie/docs/default-source/notice-of-terminations-landlord-pdf/landlord-requires-dwelling-for-own-or-family-use.pdf?sfvrsn=2