Sufficient notice to vacate with lease expiring soon?

notahappycamper

Hi,

I’m thinking of selling a property. The lease expires at the end of September. The tenants are there less than a year now so 90 days notice is required. The notice period will go beyond the expiry date of the lease. I presume this is normal and should not be a problem? I’ve no problem if this is the case, I’m just wondering does it matter?

themoone

152 days not 90. This has changed effective today. Please check link in addition you have to supply RTB with a copy same time as the tenant.

https://www.rtb.ie/regulation-of-providers-of-building-works-and-miscellaneous-provisions-act-2022

notahappycamper

https://www.boards.ie/discussion/comment/119297655#Comment_119297655

Noted. Thank you.

Icantthinkof1

https://www.boards.ie/discussion/comment/119297655#Comment_119297655

Are these extension of days valid for tenants who have already been given their notice prior to today do you know please and thank you

themoone

@Icantthinkof1 I would not think that as the law came into effect today.

mrslancaster

https://www.boards.ie/discussion/2058253269/sufficient-notice-to-vacate-with-lease-expiring-soon

Afaik, if there's a fixed term lease to say 30th sep, the notice can't be issued before then. The new notice periods since 6th july,

Length of tenancy Notice that the landlord must give

Less than 6 months : 90 days

6 months or longer but less than 1 year : 152 days

1 year or longer but less than 7 years : 180 days

7 years or longer but less than 8 years : 196 days

More than 8 years : 224 days

Would you need to give 180 days notice (more than 1 year)? Maybe check with solicitor or RTB because if it's wrong it could be disputed and take even longer.

notahappycamper

https://www.boards.ie/discussion/comment/119306297#Comment_119306297

I just rang the RTB just there, I do not need to wait until the expiry date of the lease as the notice period will go well beyond the expiry date of the lease. I’ll be giving more than minimum notice in any case.

mrslancaster

https://www.boards.ie/discussion/comment/119307572#Comment_119307572

That must have changed, rtb and threshold used to say that FTL couldn't be terminated until the lease expired except for breach of a lease condition or non payment of rent. At the end of a FTL, notice could only be for one of the allowed reasons if tenant had gained part4 rights. The rules keep changing 😩

DFB-D

https://www.boards.ie/discussion/comment/119319373#Comment_119319373

Regarding waiting until the lease has ended before giving notice, that has never been the case in my memory, certainly not since 2004.

Obviously you cannot serve notice with a termination date falling before the date the lease expires and if the tenancy has lasted for more than 6 months, only for the reasons listed in the legislation.

I fully believe the above may have been phrased wrong by someone at some stage, but it goes to show the value of getting proper legal advice when you become a landlord when you give your first lease.

notahappycamper

https://www.boards.ie/discussion/comment/119320098#Comment_119320098

Yes, it did seem strange that you’d have to wait until the lease expired until you could serve notice on account of selling the property. Especially when the notice goes well beyond the expiry date of the lease.

notahappycamper

Just wondering also should I give the tenants a “heads up” out of courtesy that the notice of termination will be coming so it’s not a bolt out of the blue?

DFB-D

https://www.boards.ie/discussion/comment/119332431#Comment_119332431

No harm, and it's a nice thing to do 👍

MakersMark

Good luck getting them out.

My current tenants are overholding by 2 months now.

RTB are utterly fcuking useless.

dennyk

https://www.boards.ie/discussion/comment/119332431#Comment_119332431

It would be nice, but are you prepared to let them terminate their lease early and move out with short notice if they manage to find an alternative place? If you really want them out, don't get penny-wise and pound-foolish trying to squeeze every last drop of rent money possible out of them, or it's going to backfire on you and you'll end up with your tenants overholding because they can't afford to pay double rent for a month or more and they won't be able to line up a place that will let them start their tenancy on some particular date a month or more in advance.

meijin

https://www.boards.ie/discussion/comment/119341344#Comment_119341344

it's not "nice", as the notice would say "on or before [date]", so the tenants can move any time they want before the termination date - that's their right