Termination notice is up - has my property been vacated?

tropple

Hi all - I have been letting out a house and had to issue an termination notice. It was done via a property management agency and all of the right steps were taken via the RTB. The tenants have been completely unresponsive since, and the notice period has now expired. I want to change the locks, however the agency are unwilling to do this as they are unable to confirm that the property has been vacated.

My view is that the tenants have been served their notice, and been contacted numerous times to arrange inspections etc, so I think at this stage it would be reasonable (from a legal perspective) to assume they have vacated and proceed change the locks? I've asked the agency to contact the tenant stating the notice has expired, and that they will assume the property is vacated in the absence of any correspondence. Do you think this is reasonable?

If they can't contact the tenants, and there is nobody at the property, I can't see any way to confirm that they have 100% left the property.

Mrs OBumble

and there is nobody at the property

This is the hard part. How do you know?

My advice: discuss the options and risks with your solicitor.

tropple

https://www.boards.ie/discussion/comment/121980996#Comment_121980996

Yep, I'm not sure how we can be certain. A neighbour has told me there is nobody there, and nobody has answered when the agent called on multiple occasions. I don't want to risk an illegal eviction, but at the same time I can't wait indefinitely. Will chat to a solicitor

Del2005

Contact the RTB to see what they say, preferably by email so you have a record if the tenants try for an illegal eviction.

TheChizler

Surely the reasonable thing to do is to call in and see if their stuff is there?

antoinolachtnai

https://revisedacts.lawreform.ie/eli/2004/act/27/section/37/revised/en/html

above may be helpful. But you really need to know if they have vacated. Can you ring the bell and see if there is anybody there?

Dial Hard

Surely an hour or two observing the house some morning or evening will tell you pretty easily whether there's anyone there???

Dial Hard

The agent tried that on multiple occasions according to the OP. Doesn't necessarily mean they're not there, of course.

JeffKenna

Spin around some night and see if lights are on?

ottolwinner

why isn’t the property management company doing all this for you. Presumably you have been paying them a management fee?

Oscar_Madison

Eh it’s your property. You’ve followed a legal process- tenants haven’t engaged. For all you know they could be dead- you’d have a right to check the property to ensure nothing untoward is going on - I wouldn’t be dancing on eggshells - what you do after this in terms of changing locks etc will be dependent on what you find/don’t find and good legal advice - but right now, I’d be concerned that my property is ok and I wouldn’t be humming and hawing about doing something about it - open the front door and keep shouting hello hello until someone answers - bring someone with you or video it to protect yourself but I imagine there’s something in the generic lease you gave your tenants that the property company drafted to cover such instances - there’s tenants rights yes- but you have rights too

I would do two things.

1. Phone the tenant, ring the doorbell, keep a record of both, then enter your property. It would be unrealistic to expect you to wait an undetermined period of time to confirm if they are still there/have vacated.
2. Fire your useless agency, if they can’t confirm if a tenant is still in the property, they do not deserve your business.

ted1

if no one’s answers assume they are gone.
walk in and change the locks. If anything happens you can blame ignorance based on their lack of engagement

3DataModem

I am not suggesting any illegal activity.

However…

If everyone is telling you that the place is empty, and the tenants are not responding to any communication, then you are OBLIGED to confirm whether or not the place is empty. You have obligations as part of an MUD, and you have obligations to your landlords liablity insurance to ensure that the place is not left empty indefinitely (for example, if the place was vacated 90 days ago, your insurance may be invalid). Therefore, it is perfectly reasonable once all reasonable communication steps have been taken, to roll up to your place and enter. If the tenants are there, they you can deal with that at the time. If the tenants are not there as you expect, then you can take possession.

shimadzu

Your lease probably allows for an inspection to be performed with reasonable notice usually 48 hours, send a notification to all the contact details you have for the tenant that the inspection will be performed at a set date and time. Perform the inspection at the given time and record the process, if the apartment has been vacated change the locks.

Peregrinus

From what you say, the property should have been vacated by now and you have no reason at all to think it hasn't been. Attempts to contact people at the property have been fruitless. Neither your agent nor the neighbours have reported any signs of life. I assume you haven't received any rent payments.

So, in the reasonable expectation that the property is vacant, I would call round to inspect, change the locks, etc. You'll know immediately once you open the door and walk in whether the property has been vacated or not. Is the furniture still there? Personal possessions? Fresh food? If the property appears to be still occupied close the door, walk away and commence your eviction proceedings.

Claw Hammer

Is the rent up to date? If they have not vacated when would the next rent payment be due?
You can presume abandonment if rent has not been paid and the property has been vacant for 28 days.