Short term rental

fire_man

I am looking to rent out a property for 4 to 6 months.Any tips appreciated as new to this .Deposit or not?Bills etc.Request references?

Would i need themto sign an agreement as don't want longer thelan 6 m.

dennyk

If you're renting the entire property to them and you don't live in the property with them, then they will be a tenant, so you'll have to give them a 90-day notice of termination to end the tenancy, and make sure you serve that notice before they hit the six-month mark. Simply having them sign a fixed term lease for X months is not sufficient; a fixed term tenancy automatically converts to a periodic tenancy once the fixed term expires, so a proper notice of termination still has to be issued, following all of the rules to the letter. If you fail to issue a valid notice before they've been in the property for six months, your tenant will acquire indefinite security of tenure and you can then only give them the boot for a few specific reasons, so don't screw it up!

Also, even if you do issue a valid notice, there's still a chance your tenant might overhold. While they won't acquire Part 4 rights by overholding as long as the original valid notice of termination was issued before they'd been in the property for six months, it can still take many months or years and a great deal of hassle and expense to legally evict an overholding tenant. Consider whether it's really worth the risk for a few months of rental income.

arctictree

We have done this recently. Just make sure you fully vet your tenants. Someone building their own house or waiting for a house completion would suit perfect.

boardsdotie44

https://www.boards.ie/discussion/comment/122706541#Comment_122706541

In fairness its not a difficult thing to do, hard to screw up, and if they do screw it up then they aint got anyone else to blame :) All they have to do is issue written notice 2 - 3 months into tenancy.

6 months rent in Ireland is about 6k - 12K+ typically, so worth it, just make sure you vet tenants yourself.. use common sense, as the poster above said find some who specifically is looking for short term i.e. has valid reason, not just their word, dont rent to family as they are not looking for short term etc etc…

I was looking for short term in 2022 (had to move out due to pyrite), couldnt find anything…

Claw Hammer

There is a problem with 6 moth leases.

(4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than F146[90 days] may not be given in respect of it.

The notice period for a tenancy of less than 6 months is 90 days.

This means the notice has to be exactly 90 days. Counting the days is tricky because the count only starts the day after service. It can't end during the lease period and if it ends after 6 months the tenant will argue they had accrued part 4 rights.

It is far from difficult to screw up when doing this.

boardsdotie44

https://www.boards.ie/discussion/comment/122707693#Comment_122707693

Fair enough :) who thought up these f**kin rules… what a joke.. You coundnt make this sh*t up.

Then it will be down to getting a tenant who only wants short term, look for pyrite owners :) its only 3 months, but better than nothing..

BTW are you sure it cant end during the lease, where is that stated?

Claw Hammer

https://www.boards.ie/discussion/comment/122707728#Comment_122707728

Section 58. A tenancy can't be terminated during a fixed term.

You would have to give a 3 month lease and after 1 month give 90 days notice so that the tenancy would end after 4 months.
The notice of termination can't be included in the lease itself.

dennyk

if it ends after 6 months the tenant will argue they had accrued part 4 rights.

The tenant could try, but as long as a valid notice of termination was issued before the tenant had been in the property for six months, they won't acquire Part 4 security of tenure just because the effective date of termination is after six months. Again, though, if the tenants are chancers, that doesn't mean they won't overhold while filing spurious disputes with the RTB for months or years.

Claw Hammer

https://www.boards.ie/discussion/comment/122707846#Comment_122707846

If there is any flaw found in the notice and the notice is found to be invalid the tenant will have Part 4 rights. I have seen leases for exactly 6 months and the trouble is that the notice has to be exactly 90 days. Does it end on the last day of the lease or the next day? If the next day had Part 4 kicked in before the notice? Was the notice period exactly 90 days?
A tenant can argue the toss for years.
In longer leases most landlords add on a few days to make sure they get the notice period right. This is not an option with short leases.

ballyharpat

You can issue the notice at any period within the 6 months, the minimum notice period is 90 days, you could issue it after 60 days and give 90 days notice, you could issue it after 60 days and give 120 days notice, you could issue it after 90 days and give 90 days notice, you could issue it after 5 months and give 90 days notice.

Claw Hammer

https://www.boards.ie/discussion/comment/122707978#Comment_122707978

If it is a letting on less than 6 months you can't give more than 90 days notice.
Look at Section 65 of the Act.

You can't give less than 90 days notice either.
Look at Section 66.

If someone does as you suggest with 120 days notice, by the time the overholding tenant gets the notice invalidated for giving too much notice, the tenant will have acquired part 4 rights.

dconline

The biggest issue you could face is a tenant that decides not to move out when you serve notice. Have a read through the threads in this form, the advice by the majority is to overhold when a tenant is served notice. In six months time do you have options if the tenants decide that they are staying for another 6-24 months?

mrslancaster

https://www.boards.ie/discussion/comment/122708198#Comment_122708198

I know a landlord who only does short FT leases, I think it's 6 months less seven days. He then issues a NoT with the required 90 days before the FT is up so tenants do not get part4 even though they are there for almost 9 months. Is that not allowed?

Claw Hammer

https://www.boards.ie/discussion/comment/122708778#Comment_122708778

It is allowed provided the notice is exactly days. A day more or less and its invalid. Dependning on how he serves and proves service he could have a problem.
The other risk is that if he makes a mistake in his notice or gets the 90 days wrong, and the tenant spots it, he is going to have tenants with part 4 rights.

mrslancaster

https://www.boards.ie/discussion/comment/122707978#Comment_122707978

If a landlord only wants to let for a limited duration, is there anything to prevent them having a lease for a rolling 15 day letting, for a max of 165 days? Tenant could pay a 15 or 30 day deposit, and pay rent in advance every 15 days. Issue a 90 day NoT on day 75 in-person to the tenant, and a copy to RTB on the same day. It's just moving away from monthly lets and using days instead. It may be a bit more work for the landlord, but could that work? The tenant could still overhold of course.

dennyk

https://www.boards.ie/discussion/comment/122709368#Comment_122709368

It could be done that way if they really wanted to, but there's really no advantage to it; it wouldn't change the landlord's legal obligations with regard to the notice of termination or the tenant's rights under the law, nor would it speed up an eviction if they did overhold. It's just making things more complicated for no real reason. It'd be easier to issue a fixed term lease for whatever sub-six-month term the landlord and tenant agree on, or eschew the fixed term lease entirely and just have it be a periodic tenancy from the start. The latter would mean the tenant could bail at any time with 28 days notice, of course, but in reality if they decide they want or need to leave, they will whether there's a lease or not.

Claw Hammer

It wouldn't work from the point of view that all of the tenancies would be accumulated and the tenancy would last for longer than 6 months meaning a longer notice period of 152 days is required. In addition, serving a notice on day 75 means the 90 days runs from day 76. This means the tenancy will end on day 166, well over 6 months.
All in all a lot of messing with considerable risk.