Landlord asked me to move out.

bogwalrus

I have been renting same house for five years. My landlord asked me today if I could move out in September because his daughter has moved back home and got a job in the city and wants the house. I have not renewed any contract with landlord in about 3 years. Is there anything I can do?

amcalester

Once the notice is valid then no.

Even if it isn't, the landlord will eventually get it right and you'll still have to move out.

Best you can hope for is to agree that if you find somewhere that you can move out at short notice between now and September.

To put it bluntly, you can start house hunting. 8 months is plenty of time to get a new place. He's being more than fair, in my opinion.

lorcand1990

bogwalrus wrote: »

I have been renting same house for five years. My landlord asked me today if I could move out in September because his daughter has moved back home and got a job in the city and wants the house. I have not renewed any contract with landlord in about 3 years. Is there anything I can do?

Legally I think the landlord can ask you to leave to move a member of his immediate family into the property. He is also giving you 8 months notice which is longer than he needed to (I think if you are in a place between 5-6 years the notice is 5 months)

I'd be pissed if it happened to me but it looks like the landlord is covering himself.

bogwalrus

Yeah I figured it was fair. The rent is just so cheap compared to what else is on the market. It is plenty of time to start searching anyway. Thanks!

minikin

Yeah, I'd start looking elsewhere - so long as the landlord provides you with a valid notice of termination along with a statutory declaration.

https://onestopshop.rtb.ie/ending-a-tenancy/sample-notices-of-termination/

Mrs OBumble

minikin wrote: »

Yeah, I'd start looking elsewhere - so long as the landlord provides you with a valid notice of termination along with a statutory declaration.

https://onestopshop.rtb.ie/ending-a-tenancy/sample-notices-of-termination/

You can go legal,and start asking for all those documents.

Or you can be pragmatic, and hopefully come up with an arrangement which suits you both better, and minimises the time you have to pay double rent.

Tell the LL that you will start looking immediately, because you know that it's tough to find a place. But tell him that you're worried about the double rent issue.

He will know that there's a trade-off: if you've not found somewhere else to go, then you're still going to be there in September. But the closer it gets to September, the harder it will be to find a place. So he will likely have to accept the place being empty for a time, in order for you to guarantee being gone. The ideal is that he will let you move out with very short notice, eg two weeks, and not charge you for time after that.

DON'T tell him that you don't want to leave because the rent is less than you'll pay elsewhere - that's just rubbing his nose in the fact that you're paying less than market rent and he can't do a damn thing about it. Just focus on how difficult it will be to find a place.

Browney7

Mrs OBumble wrote: »

You can go legal,and start asking for all those documents.

Or you can be pragmatic, and hopefully come up with an arrangement which suits you both better, and minimises the time you have to pay double rent.

Tell the LL that you will start looking immediately, because you know that it's tough to find a place. But tell him that you're worried about the double rent issue.

He will know that there's a trade-off: if you've not found somewhere else to go, then you're still going to be there in September. But the closer it gets to September, the harder it will be to find a place. So he will likely have to accept the place being empty for a time, in order for you to guarantee being gone. The ideal is that he will let you move out with very short notice, eg two weeks, and not charge you for time after that.

DON'T tell him that you don't want to leave because the rent is less than you'll pay elsewhere - that's just rubbing his nose in the fact that you're paying less than market rent and he can't do a damn thing about it. Just focus on how difficult it will be to find a place.

Should the double rent issue not arise since the op will be served with notice? The sample N.O.T for a family member states "vacate on or before X date".

Sleeper12

bogwalrus wrote:

Yeah I figured it was fair. The rent is just so cheap compared to what else is on the market. It is plenty of time to start searching anyway. Thanks!

Offer more money. Some landlords use the daughter is moving in excuse so they can get a higher rent

minikin

Mrs OBumble wrote: »

You can go legal,and start asking for all those documents.

Or you can be pragmatic, and hopefully come up with an arrangement which suits you both better, and minimises the time you have to pay double rent.

I wasn't suggesting the o.p. "go legal", just ensuring they were aware of the landlord's obligations... I'm sure the landlord fully intends to move their daughter in, so I'm sure it's not a problem to provide the necessary written notice and declaration.

(Which will be an assistance to the o.p. in finding new accommodation)

jimmycrackcorm

Sleeper12 wrote:

Offer more money. Some landlords use the daughter is moving in excuse so they can get a higher rent

Some wont accept as they would leave themselves open to the tenant taking a future action to recover the illegal excess rent.

Galadriel

Sleeper12 wrote: »

Offer more money. Some landlords use the daughter is moving in excuse so they can get a higher rent

This case seems genuine though, otherwise why would the landlord give the OP 8 months notice instead of his legal obligation?

Sleeper12

jimmycrackcorm wrote:

Some wont accept as they would leave themselves open to the tenant taking a future action to recover the illegal excess rent.

I agree but I've read threads here where the landlord wasn't quite that smart

twowheelsonly

Galadriel wrote: »

This case seems genuine though, otherwise why would the landlord give the OP 8 months notice instead of his legal obligation?

To have it ready for next years student market maybe ?

@OP - How big is the house and is the daughter moving anyone else in with her ? Are there other tenants affected? If suitable, and the landlord is genuine, then it might be worth asking if the daughter would be interested in a house share. The landlord would still be getting rent as well as having a place for his daughter to live. It sounds like you have a fairly decent relationship with the landlord so might be worth proposing to him if you think it's viable.

OldMrBrennan83

This post has been deleted.

hawkelady

Landlord seems decent enough given that he's giving you plenty of notice. Good luck with your house hunting .. if you can secure a place before sept as that month is manic with college etc

belfe

I wouldn't go legal. If you want to move somewhere else, you will need a reference from him, so is better if you don't push too much.

He gave you the legal notice (and even some months more). For 5 years is 20 weeks.
http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

If he truly wants the apartment for his daughter or not is out of interest. He can say what he wants and the statement will be considered valid. In my case, he says that is selling the apartment, he gave me 42 days of notice but I was on holidays, so 30 days for looking for an apartment in Dublin (or resign from my job and move somewhere else).

Wheres Me Jumper?

belfe wrote: »

I wouldn't go legal. If you want to move somewhere else, you will need a reference from him, so is better if you don't push too much.

He gave you the legal notice (and even some months more). For 5 years is 20 weeks.


If he truly wants the apartment for his daughter or not is out of interest. He can say what he wants and the statement will be considered valid. In my case, he says that is selling the apartment, he gave me 42 days of notice but I was on holidays, so 30 days for looking for an apartment in Dublin (or resign from my job and move somewhere else).

Remember he must also give you a signed Statutory Declaration to this effect. Its NOT enough to just say the daughter, niece, whoever wants to move in. Likewise LL cant just say he's selling and you need to vacate. There MUST be a clear intention to sell.
Knowingly making a false Statutory Declaration, that's a serious offence.
Part 4 Tenancy Rights are very clear on this are they not?

Wheres Me Jumper?

Galadriel wrote: »

This case seems genuine though, otherwise why would the landlord give the OP 8 months notice instead of his legal obligation?

because he knows somebody who needs a place in 8 months time and who is prepared to offer him an incentive/inducement? just a thought ....

Bass Reeves

twowheelsonly wrote: »

To have it ready for next years student market maybe ?

@OP - How big is the house and is the daughter moving anyone else in with her ? Are there other tenants affected? If suitable, and the landlord is genuine, then it might be worth asking if the daughter would be interested in a house share. The landlord would still be getting rent as well as having a place for his daughter to live. It sounds like you have a fairly decent relationship with the landlord so might be worth proposing to him if you think it's viable.

Daughter could be teaching abroad like in Dubai and returning to find work in Ireland. I think the LL is being fair. If I was OP I would put it to him about the rent a room but if his daughter was not interested I try to get a commitment to avoid double rent. TBH he seem the sort that would be willing to accept that