Eviction notice

Fol20

Hi guys, I’m just trying to figure out the timing of an eviction notice if let’s say they have a fixed term lease with no break clauses. Let’s say that it started on the 1st of Jan 2017, do I have to wait until the 1 of Jan 2018 before I can hand them an eviction notice or could I give it to them 35 days before that so some time around the end of Nov 2017 which would coincide with 31 dec.

Mike3549

Fol20 wrote: »

Hi guys, I’m just trying to figure out the timing of an eviction notice if let’s say they have a fixed term lease with no break clauses. Let’s say that it started on the 1st of Jan 2017, do I have to wait until the 1 of Jan 2018 before I can hand them an eviction notice or could I give it to them 35 days before that so some time around the end of Nov 2017 which would coincide with 31 dec.

What is the reason for eviction?
If tennant is there for more than 6months, they get part 4 rights and you can end lease only if you or a relative plan to move in, or plan to sell the place.

TheChizler

If they've broken a term of the lease it could be considered void, but as above they still have tenancy rights so you can only evict in a limited set of circumstances.

Has something happened?

GGTrek

Fol20 wrote: »

Hi guys, I’m just trying to figure out the timing of an eviction notice if let’s say they have a fixed term lease with no break clauses. Let’s say  that it started on the 1st of Jan 2017, do I have to wait until the 1 of Jan 2018 before I can hand them an eviction notice or could I give it to them 35 days before that so some time around the end of Nov 2017 which would coincide with 31 dec.

Unless they have broken the terms of the lease (not paying rent is breaking a fundamental term of the lease) or are behaving in anti-social way (good luck in proving it) then you will have to wait until the end of the fixed term to provide one of the Section 34(a) reasons (for example sale, refurbish, ...)

antoinolachtnai

You don't ever get to hand them an 'eviction notice'. No one can legally evict anyone without a court order.

You can issue a notice to terminate the tenancy in certain circumstances. But that is quite a different thing.

Fol20

It would be for one of the specific reasons to refurb house. So just to confirm I couldnt give them their notice in Nov. I’d have to give it to them at the beginning of Jan?

The_Conductor

Its a notice of intention to terminate the tenancy- do not call it an eviction notice- or you'll be in the RTB and court for the next 3 years.

Follow the instructions on the RTB website- to the letter- don't deviate from them- and supply the requested details (include all the terms as specified on the RTB site).

You can only serve the notice- after the elapse of the fixed term tenancy.

This is one good reason- not to give fixed term leases- and simply fall back on Part IVs for tenants and landlords.

Fol20

Thanks for the info guys. I will be asking my solicitor to submit it on my behalf to make sure it’s all in order. I just wanted to double check with timing and trying to Schedule work to be completed.

antoinolachtnai

Make sure to read the new guidance about refurbishment, etc. today.

Your solicitor will explain to you, but I say it because you mention scheduling building work. Just because you have given notice to terminate on a particular day, there is no guarantee that the tenant will actually leave. Most likely they will leave, but if they don't (say because they haven't found alternative accommodation) there is no way to force them to leave immediately.

The best way to deal with this and to get what you want done on schedule is by regular friendly communication with your tenant as well as giving the correct notice.

Gatling

What happens if the tenant in this situation claims they are evicted to allow a landlord to increase rents under the guise of refurbishment

CIARAN_BOYLE

Gatling wrote: »

What happens if the tenant in this situation claims they are evicted to allow a landlord to increase rents under the guise of refurbishment

Well the landlord has offer it back to the tenant when refurbishment is complete (although at new rents so tenant can refuse). The tenant can use this as an opportunity to view the property and take a claim to prtb for unlawful termination of tennancy should the tennant consider the works not to be significant.

I would advise the landlord to take before and after pictures prior to any genuine works.

Fol20

In my case it’s a full gutting of the place. New kitchen, built in wardrobes, toilets and tilled, flooring, new furniture and all kitchen appliances, painting

Lumen

Fol20 wrote: »

In my case it’s a full gutting of the place. New kitchen, built in wardrobes, toilets and tilled, flooring, new furniture and all kitchen appliances, painting

There's new guidance out today, I started a different thread on it. The PDF goes into some detail.

https://www.boards.ie/vbulletin/showthread.php?t=2057812263