Notice from landlord

TheImplication

My housemates and I have been asked to leave our rented house at the end of the tenancy by our landlord so he can move his daughter in, with the lease up in the end of May.
Have been living in the house for 2 and a half years, being good tenants and rent always paid on time, so bit of a surprise to receive notice, and it may be difficult to find another house in that timeframe.

From looking online the legal notice required to be given is 4 months, but in the case of student specific accommodation it is only 28 days, so not sure where we stand as we were all students when we first moved in, however 2 are working full time now.

Not looking to cause the landlord hassle but ideally the notice would be extended to give us adequate time to find a new place. Any advice appreciated!

meijin

please check this re. student accommodation:https://www.rtb.ie/new-changes-to-rental-legislation/student-specific-accommodation

Student Specific Accommodation is housing built or designated for students and used for the sole purpose of providing residential accommodation to students during the academic term.

so probably yours doesn't qualify?


The termination notice period can only start 10 days after level 5 restrictions are lifted. https://www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector

After that, it's 120 days.

requirements for termination https://www.rtb.ie/ending-a-tenancy/sample-notices-of-termination

Where a landlord requires the property for their own use or for the a family a member, a Statutory Declaration must accompany the Notice of Termination confirming the intended occupant's identity and (if not the landlord) their relationship to the landlord and the expected duration of the occupation. The Statutory Declaration must also confirm that the landlord is required to offer a tenancy to the tenant if the dwelling is vacated within a period of 12 months from the termination date. It is very important for tenant's to provide contact details to their landlord when vacating a property.

ah, and just in case, keep all documentation, and pop-in a few months later to "check the post" and see who's actually living there

Baby01032012

Very good post above.

Very little anything else to add, ensure notice meets the requirements, has statutory declaration been included? Either way it doesn’t sound like adequate notice has been given.

TheImplication

meijin wrote: »

please check this re. student accommodation:



so probably yours doesn't qualify?


The termination notice period can only start 10 days after level 5 restrictions are lifted.

After that, it's 120 days.

requirements for termination



ah, and just in case, keep all documentation, and pop-in a few months later to "check the post" and see who's actually living there

Thanks so much! Appreciate it. He's given us a glowing reference so hopefully won't be too long finding a new place either way.

The DayDream

TheImplication wrote: »

My housemates and I have been asked to leave our rented house at the end of the tenancy by our landlord so he can move his daughter in, with the lease up in the end of May.
Have been living in the house for 2 and a half years, being good tenants and rent always paid on time, so bit of a surprise to receive notice, and it may be difficult to find another house in that timeframe.

From looking online the legal notice required to be given is 4 months, but in the case of student specific accommodation it is only 28 days, so not sure where we stand as we were all students when we first moved in, however 2 are working full time now.

Not looking to cause the landlord hassle but ideally the notice would be extended to give us adequate time to find a new place. Any advice appreciated!

The fact that people in the house are students does NOT make it student accommodation. Student accommodation is typically purpose built flats or special estate run by the college. They have the exemption as they are meant to be able to turf students out and use the property to rent as summer holiday short term lets, etc.

A house rented privately is not student accommodation. You are tenants with the right to 4 months notice and I would make the landlord aware of that. Tell him if he wants you all out early he can help with the security deposit in your new place or else you are staying - his current notice is invalid so you have 4 months from when he offers valid notice which he has yet to do.
Right now you have the right to stay til Mid July at least (august if he doesn't put a valid notice in the next 2 weeks) no way id put myself under pressure to leave in May and if he tries to force you to do that open an RTB dispute for invalid notice of eviction, costs 15 quid you can do it online.

agoodpunt

if he want his house back he will get it eventually and you will get another rental or buy if you choose

The measuring of obligations between the two events are as time cosuming and stressful as you make, coming here to a forum wont make the process any easier but you may get something of help

Best result would securing a place before opening up gets going thats the future bit.

communicate email LL pick ur move date so dep and new rental dont over lap (paying for 2 places)

The social leftie stuff picked up here is supportive but rtb, LLs aways lying (was he good or bad u should know already) fight the termo and go later back check if... are these really going to make think I have made a difference cause if u need that go work in a voluntary soup kitchen maybe..

The_Conductor

meijin wrote: »

pop-in a few months later to "check the post" and see who's actually living there

'Popping in' (period) is a breach of the new tenant's rights to peaceful enjoyment of their home- unless they expressly invite you over. It is not you prerogative to 'pop in' and check post or who the new inhabitants are etc. If you are serious about post- organise a postal redirect or contact the landlord and organise a mutually agreeable time and place to collect any post that may accumulate.