Tenant leaving with only 21 days notice

Thestart · 23-03-2022 4:41pm #1

Hi all,

The tenant in a rental I have is leaving and giving me 21 days notice. As they have been renting for 5+ years I should be getting 84 days notice, can I actually do anything about this?

Marcusm · 23-03-2022 4:51pm

The first thing I would ask is whether it is to your disadvantage, I.e. will the additional 63 days be needed to find a new tenant at a similar or higher rent? The reason I ask is that the forum is full of horror stories of over-holding tenants. One leaving early might be a curse but probably in only very limited circumstances in current conditions.

MacDanger · 23-03-2022 4:55pm

According to the RTB website, you are entitled to retain their deposit (and you could probably follow them through the RTB + court process for the remainder) although I think that you are required to make efforts to defray your losses (i.e. rent out the property) so you might not actually be entitled to compensation for the additional time in the current market.

What happens if a Tenant fails to give the required notice period

A tenant can give a landlord a shorter period of notice than required, if the landlord agrees to this at the time the tenant is seeking to terminate the tenancy. However, if there is no agreement reached with the landlord and the tenant leaves a rented dwelling and does not serve a notice of termination or gives inadequate notice, the landlord may be entitled to the rent for the period of the notice that should have been given. A landlord may be entitled to retain part or all of the deposit to cover this amount.

frank730 · 23-03-2022 5:06pm

It would be worse if they stopped paying and not leaving. Shouldn't be difficult at all finding new tenants these days.

Claw Hammer · 23-03-2022 5:38pm

Don't look a gift horse in the mouth. You have had 5 years of continuous rent from a tenant who hasn't caused significant issues. You should be glad the property is coming vacant. It gives you a chance to give it a good makeover. The RTB will have every little sympathy and even taking their deposit is dodgy. The rental market is red hot. You should have no problem finding a replacement tenant and you have the opportunity to make all of the accumulated repairs and upgrades which will be necessary after 5 years.

AySeeDoubleYeh · 23-03-2022 5:40pm

You'll easily find someone to take their place.

Thestart · 23-03-2022 7:13pm

Thanks all for advice and information. The 21 days is just a little too short for me. I’ll talk to the tenant and see what happens.

ballyharpat · 23-03-2022 10:45pm

Id say let them go, if they are a private tenant, don't make life difficult for you and them. If it's a council tenant, take it up with the council and get the rent from them.

As other posters have said, they could have not paid and just moved out-

MakersMark · 24-03-2022 10:44am

Just keep the deposit and move on.

Tenants have all the rights in this scenario.

Might be a good time to consider selling too.

Flinty997 · 24-03-2022 10:57am

https://www.boards.ie/discussion/2058238541/tenant-leaving-with-only-21-days-notice

Not a lot.

You can retain the deposit but it seems unnecessary.

Tenants leave, you'll have no problems getting a new one probably at a higher rent. Your aim should be to re-rent as soon as possible with the least hassle as possible.

Ray Palmer · 24-03-2022 12:01pm

https://www.boards.ie/discussion/comment/118827798#Comment_118827798

Yeah regulations should only apply to landlords. I suggest you try and get tradesmen lined up to do work. There is a very good reason for notice periods extending the longer you stay. The issue is the landlord now has a tight deadline to deal with whatever condition the property is in. The deposit may not even cover the damage that will certainly be there beyond wear an tear, all property has damage beyond wear and tear it is whether they repaired or not.

OP go do an inspection now so that you can agree with them leaving early if you are happy with the condition it is in. Making them fix everything and pay for any trades if needed. If possible find out where they work just in case

Flinty997 · 24-03-2022 12:13pm

Ok lets run with your scenario,

Say they have more damage than the deposit covers and won't (and can't) pay for it.

Say you can't get tradesmen for 12 months.

Say you know where they currently work.

What will you do.

JimmyVik · 24-03-2022 12:14pm

Count your blessings and get out of property investment while you are ahead.

KieferFan69 · 24-03-2022 12:16pm

Quite malodorous question. This person has given you money for 5 years and now you want to punish over a triviality. Take a look at yourself

MakersMark · 24-03-2022 12:20pm

Looks like the Hard Left have arrived !

Landlords are evil, tenants are martyrs and must not be held accountable!

JimmyVik · 24-03-2022 12:34pm

https://www.boards.ie/discussion/comment/118828226#Comment_118828226

The person looks to me that they would like both sides to just follow the rules of the contract.

Contracts are no good at all when only one side has to follow the rules. Thats what we have in rentals. Contract seems to only be enforeable on one side. So whats the point of it. No wonder rental stock is diminishing.

Claw Hammer · 24-03-2022 12:38pm

https://www.boards.ie/discussion/comment/118828249#Comment_118828249

If he keeps the deposit and the tenant complains to the RTB, In all likelihood, the RTB will order him to repay the deposit plus compensation to the tenant for late repayment of the deposit. The O/P is in business that he has to make a pragmatic business decision. Right or wrong he just has to get on with recovering possession was property and letting it again.

Ray Palmer · 24-03-2022 12:41pm

https://www.boards.ie/discussion/comment/118828226#Comment_118828226

Reverse that and tell me it is fair. Landlord has provided a service for 5 years and wants you out in 21 days, now you want to punish him over triviality? So who should be taking a look at themselves?

Ray Palmer · 24-03-2022 12:45pm

https://www.boards.ie/discussion/comment/118828209#Comment_118828209

Why do you need to add more? It is quite petty.

PRTB

It is about the notice to get tradesmen being longer than 21 day and back to the legal requirement for proper notice not 12 months.

You have a location to serve them and some employers don't like to hear about walking out on bills

I have been through this and got paid without going to the PRTB. People will chance their arm but when they get push back they often cave.

KieferFan69 · 24-03-2022 12:45pm

https://www.boards.ie/discussion/comment/118828360#Comment_118828360

The landlord needs to take a long look at himself for even dreaming of punishing a long time tenant like this, no wonder the rental market is so atrocious over here, you live in Germany for a bit and you will see

JimmyVik · 24-03-2022 12:47pm

https://www.boards.ie/discussion/comment/118828390#Comment_118828390

I know in Germany that two people can a gree on a contract and both will be punished for not honoring the contract they signed. Its different here.

Ray Palmer · 24-03-2022 12:48pm

https://www.boards.ie/discussion/comment/118828390#Comment_118828390

But that is not what was asked first. If a landlord gave short notice I assume you think that is wrong?

Why different?

Germany where the tenants have to repaint before they leave and provide their own kitchens?

KieferFan69 · 24-03-2022 12:50pm

https://www.boards.ie/discussion/comment/118828407#Comment_118828407

Instead of living among the cheapest furniture from IKEA (if lucky) and damp, you are lucky to get a second set of keys if you move in here

Xander10 · 24-03-2022 12:52pm

https://www.boards.ie/discussion/comment/118828390#Comment_118828390

No where has the landlord talked of punishing the tenant. You just made that up to suit yourself.

He has only asked , what can be done if anything to secure the correct notice from the tenant, like the correct notice I'm sure a tenant would insist on if the landlord was terminating the lease.

Ray Palmer · 24-03-2022 1:07pm

https://www.boards.ie/discussion/comment/118828419#Comment_118828419

I am noticing you didn't answer the questions put to you, why is that?.I don't have a single piece of Ikea furniture in a rental and they are all insulated with triple glazing. Ikea furniture comes with a 10 year guarantee so I fail to see the issue anyway. Your experiences in the rental market are not reality for the entire market.

You brought up Germany what happens there is the tenant breaks lease terms like this?

Grumpypants · 24-03-2022 1:10pm

Good god just let them go. What is the best scenario versus the worst.

At best you get two months extra rent. Then it's empty and you have to spend a few weeks fixing it up and renting it again. They will prob be annoyed and not facilitate any potential tenants coming to view it while they are there.

At worst you have a falling out, they stop paying rent and it takes you two years to get them out and you lose tens of thousands.

Let them go, maybe even ask them to meet you half way. You will let them go early at 21 days if they agree to have it spotless and ready for some one else to walk into.

Put up the rent to market rates and rent it out to someone new. You will have it rented in a week in this market.

DFB-D · 24-03-2022 1:18pm

https://www.boards.ie/discussion/comment/118828404#Comment_118828404

The German environment is pretty much the same as Ireland.

Long enforcement periods and they cannot obtain money for a LL off someone who cannot pay.

The grass is always greener and all that, but Germany is not a good example.

Ray Palmer · 24-03-2022 1:25pm

https://www.boards.ie/discussion/comment/118828579#Comment_118828579

Really I thought you could evict people in Germany for non payment of rent within a few months?

MacDanger · 24-03-2022 1:30pm

https://www.boards.ie/discussion/comment/118828345#Comment_118828345

Not according to the RTB wesbite; the OP is fully entitled to retain their deposit (although I believe this is subject to the LL making every effort to defray their losses):

https://www.rtb.ie/beginning-a-tenancy/deposits

Canterelle · 24-03-2022 1:36pm

In all likelihood you have received between €70,000 to €100,000 from this tenant over the past 5 years. So ok, they should give you more notice but as pointed out above all you gain from this is 2 extra months rent and disgruntled tenants. They probably have a reason for the short notice, have they told you what that is? In the current climate you can definitely have your property back earning rent within a couple of weeks - unless it is in bad condition. Check out the condition of the property and come to a reasonable agreement with your current tenants!

Ray Palmer · 24-03-2022 1:45pm

https://www.boards.ie/discussion/comment/118828674#Comment_118828674

Irrelevant how much they paid already. If you boss decided not to pay you and said sure I paid you so much already you should be happy with that. Current climate means a shortage of trades and materials meaning more time needed to organise.

Notice period works both way

Tenant leaving with only 21 days notice

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