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22-06-2020, 11:04   #16
marieholmfan
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Originally Posted by theteal View Post
OP, what do you mean by you "do not want to evict illegally"? How do you think you could get them out?

If they're still paying the rent, you're not actually in a bad position. They could easily stop and it'll still take you an age to get them out. Hopefully it doesn't come to that.
If he signed a six month tenancy they will be prepared to move (especially in a market in which rents are static or slightly falling). The problem is almost certainly a non problem. If he signed a years tenancy with the intention of evicting them after his return from 'travelling' then he certainly deserves no sympathy.
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22-06-2020, 11:06   #17
timetogo1
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Now this is no longer possible. I am a homeless homeowner.

It is the first time I am renting out.....I never expected to not be able to have my home back. Tenant has been a nightmare since the beginning and is refusing to leave. I do not want to evict illegally but I don't want to be homeless either.
Well what do your tenants say? Presumably you had a lease for the 6 months. They may have planned to move on at the end of the 6 months. They're not being forced to stay until 20th July.
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22-06-2020, 11:09   #18
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I'm sorry for your troubles OP but there are risks to renting out property, including that it might not be available when you want it.
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22-06-2020, 11:13   #19
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Hi Op

first and foremost it is done to arrest tenants being made homeless. And that is not primarily political or games , they are people - each case is individual.

the covid situation is unique, and shutdown of the economy was a unique reaction to it. Due to covid. there are a lot of people not working - with only a basic income provided by the state.

Landlords business has been affected by covid. At least your business is 'open'. What about barbers and publicans etc. Often self employed, or small businesses with zero income. Forbidden to open their business doors.

I sympathise with your personal circumstance, but try a little social awareness.
This has made me homeless....where is the social awareness in that?
I have worked my entire life to get this house ....
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22-06-2020, 11:15   #20
curious minds
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Originally Posted by marieholmfan View Post
If he signed a six month tenancy they will be prepared to move (especially in a market in which rents are static or slightly falling). The problem is almost certainly a non problem. If he signed a years tenancy with the intention of evicting them after his return from 'travelling' then he certainly deserves no sympathy.
Well they are not prepared to move. As I said signed 6 months.
But they are taking advantage of the situation and refusing to look for something else.
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22-06-2020, 11:19   #21
marieholmfan
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Well they are not prepared to move. As I said signed 6 months.
But they are taking advantage of the situation and refusing to look for something else.
OK this is a tough situation. Send a letter informing them that their tenancy ends on the relevant date, that they must continue to pay rent while overholding and that even though you will accept this rent that does not mean that they have a tenancy.

Basically end the tenancy on time and register your claim with the RTB in order to evict quickly when the time comes.
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22-06-2020, 14:03   #22
Claw Hammer
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Well they are not prepared to move. As I said signed 6 months.
But they are taking advantage of the situation and refusing to look for something else.
You foolishly signed 6 months. Some adjudicators hold that you can't serve a notice of termination during the currency of a fixed term. You have to wait till the 6 months is up. After that, you serve a notice of termination on one of the grounds required in the case of a Part 4 tenancy accompanied by the necessary declarations etc.
You should have done basic research before signing a 6 month lease.
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22-06-2020, 14:26   #23
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Don't even consider an illegal eviction. You could end up with a significant financial penalty from the RTB and possibly have the tenant reinstated as well.

Get a solicitor. Do it right.

The system is a mess. IMHO most rental inflation over the last number of years was caused by our government implementing silly anti-landlord legislation, in stead of solving the real problem by increasing supply. unfortunately, we are where we are, and you have to play the game - even when its madness.

Expect even more pro-tenant measures, an extension of the anti-eviction term, and anything else which makes renting out a property a risky venture.
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22-06-2020, 17:38   #24
Varik
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Originally Posted by Claw Hammer View Post
You foolishly signed 6 months. Some adjudicators hold that you can't serve a notice of termination during the currency of a fixed term. You have to wait till the 6 months is up. After that, you serve a notice of termination on one of the grounds required in the case of a Part 4 tenancy accompanied by the necessary declarations etc.
You should have done basic research before signing a 6 month lease.
Actually the eviction ban could have helped the OP here.

The eviction ban put a stop on the tenant gaining time towards part 4.

Quote:
Part 4 tenancies and further part 4 tenancies will not commence during the emergency period. The 3-month emergency period does not count towards the time spent as a tenant for part 4 or further part 4 tenancies.
So the leases 6 months might have expired but part 4 won't have been gained.
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22-06-2020, 18:00   #25
davindub
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Originally Posted by Claw Hammer View Post
You foolishly signed 6 months. Some adjudicators hold that you can't serve a notice of termination during the currency of a fixed term. You have to wait till the 6 months is up. After that, you serve a notice of termination on one of the grounds required in the case of a Part 4 tenancy accompanied by the necessary declarations etc.
You should have done basic research before signing a 6 month lease.
Where would the OP find research that you cannot serve notice during a fixed term lease to terminate the tenancy after the expiry of the 6 months?
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22-06-2020, 18:58   #26
godtabh
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Where would the OP find research that you cannot serve notice during a fixed term lease to terminate the tenancy after the expiry of the 6 months?
Its been posted here many times
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22-06-2020, 19:22   #27
Dav010
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Where would the OP find research that you cannot serve notice during a fixed term lease to terminate the tenancy after the expiry of the 6 months?
I’d be interested in that as well. Interestingly, this legal site states that no notice is necessary at all to end a fixed term tenancy of 6 months or less, presumably the fixed term agreement itself is a form of written notice that the tenancy will end on a certain date before Part 4 rights are attained. The LL is effectively giving 6 months notice of the tenancy ending.

https://www.lawyer.ie/property/ending-your-tenancy/

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Originally Posted by godtabh View Post
Its been posted here many times
Were those posts in relation to ending a tenancy at the end of a fixed term agreement after the tenant has gotten Part 4 rights? You have to wait until the end of the fixed term if you want to end a tenancy using any of the grounds for Part 4 terminations.

Last edited by Dav010; 22-06-2020 at 19:45.
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22-06-2020, 19:52   #28
davindub
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Its been posted here many times
But what was the source?

Chinese whispers I think...
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22-06-2020, 20:44   #29
curious minds
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The issue here is not serving a 1 month notice before the 6 months lease is up
Nor serving a 3 months notice after 6 months and a Day,

Both these risks were taken into account because these were written in the low so we are all aware of these

However the 4 months eviction ban and probably more has put me in a very unpleasant situation. If the eviction ban is extended until next year . What will happen to those who only rented short term and need their house back - have nowhere else to live. ?

what happens to rent arrears? sure if a tenant can live for free for a long time with no risk of being evicted why would't they?
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22-06-2020, 21:40   #30
LeineGlas
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Don't even consider an illegal eviction. You could end up with a significant financial penalty from the RTB and possibly have the tenant reinstated as well.

Get a solicitor. Do it right.

The system is a mess. IMHO most rental inflation over the last number of years was caused by our government implementing silly anti-landlord legislation, in stead of solving the real problem by increasing supply. unfortunately, we are where we are, and you have to play the game - even when its madness.

Expect even more pro-tenant measures, an extension of the anti-eviction term, and anything else which makes renting out a property a risky venture.
In fairness, it's very difficult to increase supply when it is so easy to object to development.
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