Short term letting allowed?

fire and ice

I have gave my tenants the required 196 days notice to move out of my property as my family and i are moving back home. The tenants found another property and have said they are moving at the end of February which is just 1 months notice and 1 week after I gave them the letter.
I understand and didn't expect them to stay until the very end of the notice but 1 month is very short considering the amount of days we were required to give them. I don't need the property until late July so want to know if I can legally let it out short term as I cant really afford to leave it empty while we are still paying rent in out current property.

dennyk

Is your property in an RPZ? If not, then there aren't currently any restrictions. If it is in an RPZ, then you'd have to get planning permission as it isn't currently your PPR (and "I'm gonna live there in the future" doesn't make it so).

Short term lets are lets of 14 days or less, by definition, so you could rent out your place to a longer-term tenant for the next 4-5 months in the meantime, but then of course you'd incur the risk of them overholding, and would have to abide by notice periods and such to end their tenancy.

Honestly you might be better off just cutting your losses and leaving the place vacant for the next few months, especially if you aren't currently living in Ireland and can't be present to clean up the property and prepare it for the next tenant (or to clean between guests, if you can legally go with short-term lets).

fire and ice

It's not in an RPZ, I was hoping to do a 3/4 month let then give ourselves the summer to move in completely. It was with the laws regarding offering it back to original tenants if we were to not move into ourselves( which we are) which was confusing me as they have moved out earlier than I had anticipated so I didn't know if I could legally move other tenants in to it before we actually moved in ourselves, if that makes sense?

Samuel T. Cogley

Read this thread:

https://www.boards.ie/vbulletin/showthread.php?t=2058051720

AirBnB it if anything.

dennyk

fire and ice wrote: »

It's not in an RPZ, I was hoping to do a 3/4 month let then give ourselves the summer to move in completely. It was with the laws regarding offering it back to original tenants if we were to not move into ourselves( which we are) which was confusing me as they have moved out earlier than I had anticipated so I didn't know if I could legally move other tenants in to it before we actually moved in ourselves, if that makes sense?

Even if you offered it back to them (which you *might* have to; I don't think your scenario is specifically addressed in the law, so it'd come down to how the RTB would view it, and they may well side with the tenant), I can't imagine they'd take you up on it if they knew you'd be kicking them out again in a few months and they've already found and moved into a new place (where they might even have a lease). Still, since you're not in an RPZ, it might be easier (and safer) to stick with AirBnB, assuming you have the ability to manage the property yourselves between guests (or have someone locally that you trust who can handle it for you).

the_syco

fire and ice wrote: »

but 1 month is very short considering the amount of days we were required to give them.

You wanted them out. They are out. Or would you prefer that they stopped paying rent in July and overheld by a few months whilst you went through the process to evict them? Be thankful that they are gone.

fire and ice

the_syco wrote: »

You wanted them out. They are out. Or would you prefer that they stopped paying rent in July and overheld by a few months whilst you went through the process to evict them? Be thankful that they are gone.

Of course I'm glad that they didn't overhold. While I didn't expect them to stay the whole notice period more notice would have been appreciated.
I'm in no way a big rich landlord that can afford to leave the property empty but now in a position where I'm am paying rent on my current property and paying a mortgage on the other.

TSQ

fire and ice wrote: »

It's not in an RPZ, I was hoping to do a 3/4 month let then give ourselves the summer to move in completely. It was with the laws regarding offering it back to original tenants if we were to not move into ourselves( which we are) which was confusing me as they have moved out earlier than I had anticipated so I didn't know if I could legally move other tenants in to it before we actually moved in ourselves, if that makes sense?

Do a series of short term lets of 1 month at a time via airbnb, assuming you are in an area where there is a demand for short term. Guests (who are not Tenants in fact) can be removed along with their property if they refuse to leave, just like a hotel guest who refuses to vacate room. You are quite in your rights to enter and However, be aware that it is true that after 6 months renting, even via airbnb / booking.com etc, they become tenants with rights. You will have to redecorate and bring the property up to a decent standard, but you will probably want to do that anyway before you move back in.

The_Conductor

Honestly- move sooner, or leave it empty. If you let it out- you are going to have to realise that there is a high probability that it won't be vacated in July when you want to move back. If you can air-bnb it, fine, otherwise- don't let it out, keep it vacant.

Browney7

Is moving out of your existing residence early an option. Your existing landlord could work with you here?

Potentially if you put it on Air BnB you could be open to accusations of removing tenant for a reason other than your own use. Advertising the place on air BnB as a room in a residence and not the whole residence could cover this off.

pc7

The_Conductor wrote: »

Honestly- move sooner, or leave it empty. If you let it out- you are going to have to realise that there is a high probability that it won't be vacated in July when you want to move back. If you can air-bnb it, fine, otherwise- don't let it out, keep it vacant.

This, this, this a million times over, honestly count your blessings they are going at all!

punisher5112

Get your tenants that are leaving to sign a letter stating they are not been pushed out and have been given the correct notice. They chose to leave earlier and you are happy for them to do so but make it clear you aren't ready to move back as you were set for the notice period.

Obviously it is really a win/win situation and they're lucky they found somewhere and aren't looking for more time due to no other home available.

At least now you won't have the stress of will they or won't they leave, wreck the place, stop paying etc.....

I can't see any issues if you do a few short term let's like a weekend or week here or there but that you actually do end up moving back is important especially if previous tenant was to complain and report.

the_syco

fire and ice wrote: »

I'm in no way a big rich landlord that can afford to leave the property empty but now in a position where I'm am paying rent on my current property and paying a mortgage on the other.

What's the demand like for rentals in your current area? If it's high, check if you can leave early, and allow the LL to show the place off straight away.

Samuel T. Cogley

the_syco wrote: »

What's the demand like for rentals in your current area? If it's high, check if you can leave early, and allow the LL to show the place off straight away.

This or find a tenant and offer to assign the lease. If the LL refuses then you've an out.

fire and ice

the_syco wrote: »

What's the demand like for rentals in your current area? If it's high, check if you can leave early, and allow the LL to show the place off straight away.

The house would rent out in an instant, the issue is that my kids are still in school here until June before we were due to move to another county where our own property is.

I'm grateful for all the suggestions and advice given, hopefully I'll work something out.

punisher5112

Another option would be rent a room or two but one of you would need to be residing there....

Obviously you don't have to be there every night but it could be an option and tax free too.

Also the people would have no right to stay or over hold if you ask them to leave.

the_syco

fire and ice wrote: »

It's not in an RPZ

Is it near anything nice? You could try doing an AirBnB, but putting a tenant in there for a few months will cost you more in the long run.

GBB

fire and ice wrote: »

I have gave my tenants the required 196 days notice to move out of my property as my family and i are moving back home. The tenants found another property and have said they are moving at the end of February which is just 1 months notice and 1 week after I gave them the letter.
I understand and didn't expect them to stay until the very end of the notice but 1 month is very short considering the amount of days we were required to give them. I don't need the property until late July so want to know if I can legally let it out short term as I cant really afford to leave it empty while we are still paying rent in out current property.

So, you gave them 196 days, your NOT stated on or before the termination date which they vacated not on, but before which they are allowed to do. If you now rent out your property you are in breach of s56 and the former tenants are liable for damages against you in the RTB. See Hennessy v PRTB

godtabh

Move back in and rent a room. Leave your partner where they are. The rent a room would cover a lot of the mortgage

05eaftqbrs9jlh

As other posters have said, you kicked them out, they're leaving. You aren't getting the rent for those months because they had to find another place to live. I have absolutely no sympathy whatsoever that you have no one to pay your mortgage for you.