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Rental contract date signed

beaufoy

In May of last year my agent told me my tenant was moving out, but he already found a new tenant and the apt would be empty for less than 2 weeks. Seven weeks later the Apt was still empty, and for some reason the agent said the tenant had a son who was dying and hence she could not move in or pay rent. I told him I suspect the contract had not been signed so he could look for a different tenant. He replied he could not do as i requested because he had promised my apt to the new tenant and had already signed the rental contract.

Mainly because I had problems with my agent I decided to sell the Apt. This was in January 2024. The agent had told me he signed the rental contract in June, so the six month no reason needed to terminate the rental contract had expired, and I told the agent of said problem. He replied that he had signed the contract in June, but it was not effective until the tenant moved in which was august, and he dated the contract as being the move in date

Hence his stance was the contract stopped me from getting a new tenant when it was signed (but not dated) in June but said date did not prevent me terminating the contract January 2024

I suspect he was lying about signing the contract in june 2023

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ted1

just serve him notice. As you are selling the property

beaufoy

https://www.boards.ie/discussion/comment/121987150#Comment_121987150

If someone wrote my agent flooded and damaged the wiring in my apt would you reply "just serve him notice. As you are selling the property"

TheChizler

How long was the fixed term contract for and does it have a specific break clause for selling?

ted1

https://www.boards.ie/discussion/comment/122020786#Comment_122020786

irrelevant, once a tenant is there 6 months they have a timeless contract

[Deleted User]

https://www.boards.ie/discussion/comment/122020891#Comment_122020891

Actually it is relevant. If the tenant has a fixed term tenancy, the op can’t terminate the lease during that term. Once the term has elapsed, the op can then end the tenancy legally for the defined reasons in the RTA. So when it commenced, how long the term is, and break clause is important. Also, part 4 tenancies are not “timeless”, they last 6 years, and again the commencement date is important, one day over the 6 years and a new part 4 cycle begins.

Peregrinus

https://www.boards.ie/discussion/comment/122020781#Comment_122020781

The point being made is that, even if the tenancy has continued for longer than 6 months, you can terminate it in order to sell the property. You have already stated that you have decided to sell; therefore, whatever messing around the agent did with the dating of the contract/commencement of the tenancy does not stop you terminating the tenancy.

If your agent has stuffed up, you are entitled to be angry at him. But don't let your anger get in the way of managing your property. If you want to sell the property, you can terminate the tenancy. Go ahead and do that.

One other point: the six-month period that determines the tenancy rights is the period of occupation. So if a lease is signed on (say) 1 June which provides for the tenant to move in and pay rent from 1 August, the tenant doesn't acquire security of tenure until the following 1 February. It doesn't matter whether the lease is dated 1 June or 1 August; what matters is the start date of the occupation.

When the agent told you that he had signed up a new tenant, but then later told you that the new tenant wasn't going to move in for two months or so, at that point you could have terminated the tenancy, since the six months hadn't passed — in fact, hadn't begun. (Though, I agree, given what you were told about the circumstances, it would have looked like a shïtty thing to do.) You now suspect the agent hadn't signed the contract in June; just (perhaps) given the intending tenant an oral assurance. But, really, would it have made any difference if he had told you that at the time? You would still have been telling someone whose son was dying that he was going to lose the tenancy as a result. It would still have looked fairly shïtty to do that. Just as you were persuaded (as you thought) not to terminate the tenancy and put the property back on the market, so you might have been persuaded not to withdraw the offer of a tenancy and put the property back on the market.

Tl;dr: even if the agent did give you wrong information about when the contract was signed, it might not have changed matters very much.

I'd still find a new agent, though, even if I were keeping the property. You don't want an agent whose honesty you don't trust.

ted1

https://www.boards.ie/discussion/comment/122020901#Comment_122020901

Actually you are incorrect, part 4 was changed to unlimited duration

“On 11 June 2022, Tenancies of Unlimited Duration were introduced into law. providing more security of tenure for tenants. This change provides more security of tenure for tenants. It means that, after six months living in a tenancy, the tenant will have a right to remain in the property for an unlimited duration. This is subject to the tenant upholding their rental obligations and the landlord’s right to end the tenancy in accordance with the Residential Tenancies Act 2004 (RTA).”

https://www.rtb.ie/registration-and-compliance/ending-a-tenancy/tenancies-of-unlimited-duration

TheChizler

https://www.boards.ie/discussion/comment/122021049#Comment_122021049

That's now true with new tenancies but still not relevant to the OP's situation.