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Evicting Tenants Overstaying FT Lease

  • 28-08-2017 5:21pm
    #1
    John AS
    Registered Users, Registered Users 2 Posts: 2 ✭


    Good afternoon

    I have a two tenants who are over staying a fixed term lease. The premises was only leased for 20 weeks and ended on August 4th. Is it possible to just change the locks, remove their belongings, etc or do I need to file a complaint with the PRTB? I have an agency letting the property for me is their anything they could do? They are sending letters saying the lease ended on August 4th and they need to vacate but no response. thanks for your help


Comments

  • #2
    wordofwarning
    Closed Accounts Posts: 697 ✭✭✭wordofwarning


    If you change the locks, you can expect a massive fine from the RTB and possibly your name in the papers as an 'evil landlord'.

    Your letting agent sounds pretty useless. You need to get legal advice, as a small slip up could result in you being at square one. Don't do a single thing yourself. Find a decent solictor and get the ball rolling


  • #3
    John AS
    Registered Users, Registered Users 2 Posts: 2 ✭John AS


    Thanks for the response. Would I be correct in saying that the tenants still have rights to live there then? Can nobody else can enter the apartment even if it is somebody from the letting agency?


  • #4
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    John AS wrote: »
    The premises was only leased for 20 weeks and ended on August 4th.
    So, a 5 month lease? I'm going to assume that you did not give the appropriate notice for the tenant to leave.

    Get legal advice right the fcuk now, as should the tenants still be in place for 6 months, they get Part IV rights, and they'll be a lot harder to move out.

    Ring your solicitor now. Not the agency. Although they dropped the ball, it'll be you that will suffer from their screw up.


  • #5
    GGTrek
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    OP, unfortunately there is a high likelihood that a 20 weeks lease (well above 3 months ) is going to be considered a residential lease, even if drafted as a holiday letting agreement and even if you provided full cleaning services and all inclusive of bills. My solicitor told me that anything above 3 months could go under the remit of the RTB.
    So my first suggestion is to immediately serve this termination notice in person with a witness countersigning (I am assuming the fixed term has terminated) https://www.rtb.ie/docs/default-source/notice-of-terminations-landlord-pdf/sample-notice---terminating-in-first-six-months.pdf?sfvrsn=2
    Without seeing the lease it is impossible to provide further advice. Fire your letting agent is my second suggestion. If you need a solicitor specialised in landlord tenant law, please PM me. Good luck, you will need it.


  • #6
    utmbuilder
    Registered Users, Registered Users 2 Posts: 473 ✭✭utmbuilder


    an interesting one , will be eager to see if the solicitor needs a determination order from the RTB before filing a case with the district court, after that it will only be a matter of paying the sheriff's although at the moment they are asking for backup for evictions so its about 2k for their days work.


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