Ending a lease and keeping the same tenant.

ballyharpat

I have a property that is under a lease started December 1st 2016. This allows me to end the tenancy on December 2026.

The current tenant is paying 60% of the market rate. I have the option of doing some improvements and getting in a new tenant, at market rate, or moving in myself and renting my own place. Ideally, I would like to give the tenant an opportunity to get a new lease for the property, and give it to them even at 80% of market rate, but I am not sure if this is legal.

I will be talking to a property manager, but I would also like to discuss it with the tenant and give them more than the 224 days notice required.

Thanks

dennyk

I have the option of doing some improvements and getting in a new tenant, at market rate

You don't have this option unless the "improvements" are sufficiently substantial to qualify for an RPZ exemption. That doesn't mean some repainting and new flooring or even an upgraded kitchen/bathroom or whatnot, that effectively means adding an extension that significantly increases the size of the property, improving the BER by 7 levels, or a significant improvement to BER combined with a modification to the internal layout that also increases the number of rooms. The new regulation allowing landlords to increase the rent between tenancies regardless only applies when a tenant voluntarily leaves, not when the landlord terminates the tenancy (regardless of the reason).

Ideally, I would like to give the tenant an opportunity to get a new lease for the property, and give it to them even at 80% of market rate, but I am not sure if this is legal.

It wouldn't be legal if you don't meet the RPZ exemption, no (though if you do meet the criteria for the exemption, it would be; since this would be a termination at the end of a Part 4 cycle, you wouldn't be obligated to offer the property to the previous tenant under the previous terms after your works are completed).

When did you last set the rent? While you aren't going to be able to go from 60% of market to 80% of market, you might be able to raise the rent itself by about 20% if it hasn't been increased at all since the tenancy began. You can plug the exact dates into [this calculator](https://rtb.ie/compliance/check-rpz-compliance/rpz-calculator/) to verify the maximum increase under the RPZ rules.

ballyharpat

https://www.boards.ie/discussion/comment/123589981#Comment_123589981

Thanks, looks like I'll have to either end up selling, or move in myself or end up losing 12k per year.