Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Substantial refurbishment...insights

  • 21-11-2017 4:22pm
    #1
    Registered Users Posts: 30


    I inherited an apartment that is currently being rented for around 50% below market rate as the rent has not been raised in years. The place has not been touched for 15 years and is in an awful state. I intended to issue 6 months notice to my tenants in the new year to vacate as I will need a month to completely redo it including, flooring, new kitchen, new bathroom and new heating system as well as a complete clear out of all furniture and painting all walls, doors, skirting and ceilings. I read in another thread that the Housing Minister is intending to bring in legislation soon on substantial refurbishments as people are using them as loopholes to evict. Does anyone know if he plans to remove the exemption or if he will merely define what 'substantial refurbishment' will entail.

    If it is the former, am I better off issuing the tenant with their 6 months notice now before anything comes in? Feel a bit cruel doing it so close to Christmas but I'm afraid if I leave it, legislation could be brought in and I will have missed my chance. This tenant had been intending to leave a year ago as they have two school going children in a very small one bedroomed apartment but I assume the rent was too good to give up. I'd appreciate any advice.


Comments

  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Issue the notice as soon as possible making sure you are fully compliant with the ins and outs of the regulations.

    You may not have the option if you wait any longer.


  • Registered Users, Registered Users 2 Posts: 7,498 ✭✭✭BrokenArrows


    Sasha144 wrote: »
    I inherited an apartment that is currently being rented for around 50% below market rate as the rent has not been raised in years. The place has not been touched for 15 years and is in an awful state. I intended to issue 6 months notice to my tenants in the new year to vacate as I will need a month to completely redo it including, flooring, new kitchen, new bathroom and new heating system as well as a complete clear out of all furniture and painting all walls, doors, skirting and ceilings. I read in another thread that the Housing Minister is intending to bring in legislation soon on substantial refurbishments as people are using them as loopholes to evict. Does anyone know if he plans to remove the exemption or if he will merely define what 'substantial refurbishment' will entail.

    If it is the former, am I better off issuing the tenant with their 6 months notice now before anything comes in? Feel a bit cruel doing it so close to Christmas but I'm afraid if I leave it, legislation could be brought in and I will have missed my chance. This tenant had been intending to leave a year ago as they have two school going children in a very small one bedroomed apartment but I assume the rent was too good to give up. I'd appreciate any advice.

    You should issue the notice now regardless of the change in law.

    You have no need to feel bad about it. 6 months is loads of time for them to deal with the issue. Its not like they need to move out before christmas or in the new year.


  • Registered Users Posts: 2 Johnororuke


    Hi Sasha144,

    Did you do the substantial refurbishment? I am in the ame senario.

    Thanks John





  • Posts: 0 [Deleted User]




  • Registered Users, Registered Users 2 Posts: 1,739 ✭✭✭dennyk


    Note that the regulations have been tightened up since this thread was posted, and chances are the works the original poster described would no longer meet the current requirements to terminate a tenancy. See this RTB page for the details. Basically the works in question would have to pose a threat to the health or safety of the occupants to such an extent that they must not proceed at all while the property is occupied, and the conditions which pose that threat must exist for at least three weeks. This must be attested to in writing by a registered engineer, architect, or surveyor.

    Even if the works are found to be substantial enough for a termination, the law requires the property to be offered back to the original tenant immediately upon completion of the work. It is also very unlikely that the renovations the OP detailed would qualify for an RPZ exemption; that would generally require a structural change to the property, such as adding an extension or permanently changing the internal layout, and/or a significant improvement in the BER rating (and unless the current heating system is truly dire, simply replacing a boiler alone probably wouldn't cut it. As such, the RPZ restrictions would still apply to the rent that could be charged to the original tenant when they resume their tenancy (or to a new tenant, if the original tenant declines) and the rent could only be put up according to those restrictions (likely a couple of percent or so per year since the last rent review).



  • Advertisement
  • Registered Users Posts: 2 Johnororuke


    There is 3 changes needed.

    1. Up the Ber Rating. That’s fine that’s easy to do.
    2. Disability act 2005 that’s fine house needs ramps. That’s fine.
    3. Change the layout. What I am looking at is knocking down a wall and making it open plan. This is the only thing I am not certain on.


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Claw Hammer


    Are you increasing the floor area or re-configuring?



Advertisement