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Tenants notice period

  • 21-11-2017 3:54pm
    #1
    ndilly
    Registered Users, Registered Users 2 Posts: 52 ✭✭


    We got notice from our tenants that they are moving out December 4th and as they are in the property over 12 they need to give 42 days notice which bring its up to Dec 31st. So they are due to pay rent Dec6th so they should still pay that and pay up to Dec31st. Isn't that right. Not trying to do anyone out but also trying to cover myself as the rent is covering our mortgage.


Comments

  • #2
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    ndilly wrote: »
    We got notice from our tenants that they are moving out December 4th and as they are in the property over 12 they need to give 42 days notice which bring its up to Dec 31st. So they are due to pay rent Dec6th so they should still pay that and pay up to Dec31st. Isn't that right. Not trying to do anyone out but also trying to cover myself as the rent is covering our mortgage.

    Yes you are correct to an extant.

    Remember you are obligated to attempt to mitigate your loss. So you must do your best to get new tenants and the old tenants only owe you rent until the date the new tenants move in.


  • #3
    ndilly
    Registered Users, Registered Users 2 Posts: 52 ✭✭ndilly


    Yes we are going to try and get new tenants in on a short term basis but that will probably be hard at this time of year. Just want to make sure I am giving the tenants the right information


  • #4
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,284 ✭✭✭✭Mrs OBumble


    ndilly wrote: »
    Yes we are going to try and get new tenants in on a short term basis but that will probably be hard at this time of year. Just want to make sure I am giving the tenants the right information

    Where is the property? It's hard to believe that it would be difficult to let anywhere these days.


  • #5
    [Deleted User]
    Posts: 11,614 ✭✭✭✭ [Deleted User]


    ndilly wrote: »
    Yes we are going to try and get new tenants in on a short term basis but that will probably be hard at this time of year. Just want to make sure I am giving the tenants the right information

    Why do you want tenants in on a short term basis? Is it a short term mortgage you need to pay off?

    And at the moment you shouldn't have any difficulty finding tenants what with their being a critical shortage of property.


  • #6
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    ndilly wrote: »
    Yes we are going to try and get new tenants in on a short term basis but that will probably be hard at this time of year. Just want to make sure I am giving the tenants the right information

    If you had a long term tenant and try to get a short term tenant there is a legitimate argument that you didn't try to mitigate your loss. Any legal attempt that you make to force payment of the different could be challenged on these grounds.

    Legal advice would be necessary.


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