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06-02-2019, 18:14   #61
pjackson
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My thinking is that I will give the tenants the opportunity to regularise the situation by getting all of those who want to stay to sign a new lease. I think one might leave with 3 remaining. If they can't accept or afford that they can move on.
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06-02-2019, 18:18   #62
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My thinking is that I will give the tenants the opportunity to regularise the situation by getting all of those who want to stay to sign a new lease. I think one might leave with 3 remaining. If they can't accept or afford that they can move on.
Are you going to whack up the rent on the unit?
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06-02-2019, 18:21   #63
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No I àm not planning to change the rent.
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06-02-2019, 18:22   #64
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No I àm not planning to change the rent.
Then sounds like you're being really reasonable. Hope it all goes well for you
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06-02-2019, 18:23   #65
Wheres Me Jumper?
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Originally Posted by eoing90 View Post
Op they are now on a part four tenancy so more difficult to evict.
No WRONG again!

Valid reasons for ending a Part 4 tenancy
The landlord can end a Part 4 tenancy only in the following circumstances:

If you do not comply with the obligations of the tenancy
If the property is no longer suited to your needs (for example, if it is overcrowded)
If the landlord intends to sell the property within 3 months (however, if the landlord plans to sell 10 or more dwellings in a development within a 6-month period, he must show that the market value with a sitting tenant is over 20% below the market value with vacant possession, and that preventing him from terminating the tenancy would be unduly onerous on him or would cause him undue hardship)
or for the following 3 specific reasons:

If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)
If the landlord plans to change the business use of the property (for example, convert it to office use)
If the landlord intends to refurbish the property substantially – see ‘Guidance on substantial refurbishment’ below
In all cases, the landlord must serve you with a valid notice of termination - see 'Notice of termination' below for more details.
see also
Exceptions to required notice periods

If you are not keeping your obligations, your landlord only needs to give you 28 days’ notice, regardless of the length of your tenancy. However, if your behaviour is seriously anti-social or threatens the fabric of the property, the landlord only needs to give you 7 days’ notice. Section 17 (1) (a) and (b) of the 2004 Act sets out the type of seriously anti-social behaviour for which a 7-day notice may be allowed.

If your rent is in arrears, your landlord must first give you written notification of the amount owing and must give you 14 days to pay the arrears. If you still have not paid 14 days after you got this notification, your landlord can then give you 28 days’ notice of termination.
http://www.citizensinformation.ie/en..._to_leave.html
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06-02-2019, 19:11   #66
endainoz
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Man I'd hate to have you as a landlord
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06-02-2019, 19:12   #67
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How am I wrong? Tenants have more rights in a part 4 tenancy!
Also you need to reread what you posted a couple of lines back.
Notice of termination for 3 reasons?
" the tenant breached his or her obligations and has been given reasonable time to rectify the breach, then 28 days notice is required."
Has the OP given them time to rectify the situation ? NO!
Therefore its not grounds for termination!

Last edited by eoing90; 06-02-2019 at 19:30.
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06-02-2019, 19:31   #68
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Originally Posted by eoing90 View Post
How am I wrong? Tenants have more rights in a part 4 tenancy!
Also you need to reread what you posted a couple of lines back.
Notice of termination for 3 reasons?
" the tenant breached his or her obligations and has been given reasonable time to rectify the breach, then 28 days notice is required."
Has the OP given them time to rectify the situation ? NO!
Therefore its not grounds for termination!
you are WRONG again!
tenants who breach their obligations do NOT have more rights.
of course they must be given "a reasonable time" to rectify the situation, but if they fail to do so, then the LL is quite entitled to give them 28 days notice.
please try reading the RTB guidelines again.
Obligations of a tenant
You must:

Pay your rent on time
Pay any other charges that are specified in the letting agreement, for example, waste collection charges; utility bills; management fees to the management company in an apartment complex – see ‘Other charges and payments’ below
Keep the property in good order
Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs
Give the landlord access (by appointment) for routine inspections
Inform the landlord of who is living in the property
Avoid causing damage or nuisance
Make sure that you do not cause the landlord to be in breach of the law
Comply with any special terms in your tenancy agreement, oral or written
Give the landlord the information required to register with the RTB and sign the registration form when asked to do so
Give the landlord proper notice when you are ending the tenancy
You should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.
http://www.citizensinformation.ie/en...ns.html#lc9e82

Last edited by Wheres Me Jumper?; 06-02-2019 at 19:34.
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06-02-2019, 19:44   #69
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Do know the difference between a part four tenancy and a normal tenancy in your own words rather than copying and pasting everything from the PRTB?

Have you ever been to a PRTB hearing?
Well obviously if they fail to rectify the situation the Landlord is entitled to serve notice. If he doesn't give them an opportunity he would be laughed out of the PRTB hearing.
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06-02-2019, 19:48   #70
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Originally Posted by Wheres Me Jumper? View Post
you are WRONG again!
tenants who breach their obligations do NOT have more rights.
of course they must be given "a reasonable time" to rectify the situation, but if they fail to do so, then the LL is quite entitled to give them 28 days notice.
please try reading the RTB guidelines again.
[INDENT]Obligations of a tenant......
And tenant then tells you they have rectified the situation. What do you as the landlord do then? Go in all guns blazing, pistols at dawn or go Sherlock Holmes on them to catch them out?

LL's on here have all the stories about the trouble removing brothels and tenants overholding for months/years on end so removing a tenant for an extra person in a 3 bed house won't exactly be a cakewalk will it?

Anyways, OP has made their decision so I hope it works out for them.

On the tenants from hell scale where top of the scale is tenants who'll blow up your house and sell the copper fittings for scrap they sound like they are near the bottom...
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06-02-2019, 19:51   #71
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if they fail to rectify the situation the Landlord is entitled to serve notice. If he doesn't give them an opportunity he would be laughed out of the PRTB hearing.
the OP said in an earlier post he is going to meet with them and give them an opportunity to rectify the situation.
nobody is disputing this is what he should do, so i really don't know what point you are attempting to make.
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06-02-2019, 20:34   #72
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No they can't. Because sub lets are licensees, not tenants.
I don't really understand this. They can't what exactly....
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06-02-2019, 20:36   #73
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Originally Posted by Wheres Me Jumper? View Post
that's why as a LL it is always to cultivate a good relationship with one or two neighbours, who can keep an eye on who's coming & going.

from my experience most good neighbours are more than happy to help as they dont want the place turned into a kip-house, with all the attendant problems.

if the OP decides on the eviction route, as i advise, then he might well use this as an opportunity to increase the rent when he gets new tenants.
You've come out with some manure on this thread. You seem to have a very loose grasp of the law in this area.

It's a hard one to judge. I wouldn't be happy with the tenants being dishonest and deceitful from the start. At the same time if they are decent tenants besides I wouldn't do anything rash. Another important factor is where this rental is located, that really shapes your options.
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06-02-2019, 20:40   #74
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No they can't. Because sub lets are licensees, not tenants.
I don't really understand this. They can't what exactly....
They can't breach the RPZ limits because they're not subject to them.

If you have a licensee in your gaff, you can up the rent by 1,000% tomorrow and have them out on their ear by next week if they say no.
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06-02-2019, 20:53   #75
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Man I'd hate to have you as a landlord
actually my tenants love me,
they know exactly where they stand.
on average they stay about 4 to 5 years. some of my tenants are with me 15 years!
all my properties are mortgage free
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