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Notice period help please!

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  • 16-09-2020 9:24am
    #1
    caveatemptor1
    Registered Users Posts: 42 ✭


    Hi there,
    We have been living in property for 2 years and requested part 4 at the end of the fixed term. Landlord responded with an eviction notice saying he needs the property for a family member.

    The notice states we must vacate the property “on or before 31st X month” it’s a few months away within the legal minimum notice period.
    We have been searching for a house and have found one that we can move in to in the next number of weeks.
    My query is, so we now have to give him a certain amount of notice before we move out?! I’m struggling to find anything about this anywhere. Any help greatly appreciated!
    Thanks all!


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    #2
    stinkbomb
    Registered Users Posts: 263 ✭✭stinkbomb


    caveatemptor1 wrote: »
    Hi there,
    We have been living in property for 2 years and requested part 4 at the end of the fixed term. Landlord responded with an eviction notice saying he needs the property for a family member.

    The notice states we must vacate the property “on or before 31st X month” it’s a few months away within the legal minimum notice period.
    We have been searching for a house and have found one that we can move in to in the next number of weeks.
    My query is, so we now have to give him a certain amount of notice before we move out?! I’m struggling to find anything about this anywhere. Any help greatly appreciated!
    Thanks all!

    You already had part 4 rights after 6 months, you didn't need to request them. Is there really a family member? I would be checking on that.
    Tell the landlord when you want to move out...if they really do need it for a family member there will be no issue with your timeline.


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    #3
    caveatemptor1
    Registered Users Posts: 42 ✭caveatemptor1


    stinkbomb wrote: »
    You already had part 4 rights after 6 months, you didn't need to request them. Is there really a family member? I would be checking on that.
    Tell the landlord when you want to move out...if they really do need it for a family member there will be no issue with your timeline.

    Thanks so much for your reply - I know we had the rights but in looking around at our obligations, it seemed we did have to let him know what we were planning. Didn’t really mind giving him clarity anyway.
    I agree about whether a family member will move in but we can only go with what he is telling us. Your point is right though, if it is a family member he should be happy to have access sooner. My only worry is would he have any right to challenge us for remaining rent?


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    #4
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    caveatemptor1 wrote: »
    Hi there,
    We have been living in property for 2 years and requested part 4 at the end of the fixed term. Landlord responded with an eviction notice saying he needs the property for a family member.

    The notice states we must vacate the property “on or before 31st X month” it’s a few months away within the legal minimum notice period.
    We have been searching for a house and have found one that we can move in to in the next number of weeks.
    My query is, so we now have to give him a certain amount of notice before we move out?! I’m struggling to find anything about this anywhere. Any help greatly appreciated!
    Thanks all!

    https://www.rtb.ie/images/uploads/forms/RTBNoticeofTerminationReturnForm.pdf

    https://www.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/landlords-grounds-for-ending-a-tenancy

    He has to sign a legal document to state whom in his family he is giving the property to plus sign a notice of termination form and return it to the RTB
    i WOULD NOT MOVE UNLESS he does both these things
    Ask for moving expenses
    The old need it for a family member is the oldest trick in the book going back decades


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    #5
    stinkbomb
    Registered Users Posts: 263 ✭✭stinkbomb


    caveatemptor1 wrote: »
    Thanks so much for your reply - I know we had the rights but in looking around at our obligations, it seemed we did have to let him know what we were planning. Didn’t really mind giving him clarity anyway.
    I agree about whether a family member will move in but we can only go with what he is telling us. Your point is right though, if it is a family member he should be happy to have access sooner. My only worry is would he have any right to challenge us for remaining rent?

    Absolutely not. It's him telling you to leave, he cannot ask you for rental losses as he doesn't have any. You were quite willing to keep paying the rent, it is his choice to tell you to leave.
    Get in writing who is moving in, his relationship to them, the date etc.


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    #6
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Rents are falling now anyway, so you should be able to get a better deal elsewhere.


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    #7
    caveatemptor1
    Registered Users Posts: 42 ✭caveatemptor1


    Thanks all, yes we have in writing who should be moving in. We have also found a place we are happy with and with a small baby, it’s easier for us to just move on than dragging this out.I think we have been good tenants but at the end of the day, we don’t own the house and we are in a privileged position to find something else we can afford and relatively quickly.
    Thank you all for the advice, it’s been really reassuring.


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    #8
    meijin
    Registered Users Posts: 1,252 ✭✭✭meijin


    caveatemptor1 wrote: »
    Thanks all, yes we have in writing who should be moving in. We have also found a place we are happy with and with a small baby, it’s easier for us to just move on than dragging this out.I think we have been good tenants but at the end of the day, we don’t own the house and we are in a privileged position to find something else we can afford and relatively quickly.
    Thank you all for the advice, it’s been really reassuring.

    He gave you notice "on or before", as is a standard - if you're happy with new place, you can move out even tomorrow

    see https://www.boards.ie/vbulletin/showpost.php?p=112183070&postcount=15 for more details

    PS I assume your fixed period has finished.


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    #9
    caveatemptor1
    Registered Users Posts: 42 ✭caveatemptor1


    meijin wrote: »
    He gave you notice "on or before", as is a standard - if you're happy with new place, you can move out even tomorrow

    see https://www.boards.ie/vbulletin/showpost.php?p=112183070&postcount=15 for more details

    PS I assume your fixed period has finished.

    Thanks for that, that was our interpretation too. yep fixed period has ended.


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    #10
    ted1
    Registered Users Posts: 23,309 ✭✭✭✭ted1


    This is gas. OP asks a simple question and people start attacking the landlord telling op not to move.


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    #11
    bobbyy gee
    Banned (with Prison Access) Posts: 1,306 ✭✭✭bobbyy gee


    i think your a protected tenant
    https://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html


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    #12
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    ted1 wrote: »
    This is gas. OP asks a simple question and people start attacking the landlord telling op not to move.

    They attacked the landlord because as soon as the tenant asked for a part 4 tenancy the landlord told him to get the fook out
    That’s why he got attacked and rightfully so
    The old chestnut
    I need it for a family member is the oldest and most abused excuse in the book
    It’s landlords like this that give good landlords a bad name


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    #13
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    brisan wrote: »
    It’s landlords like this that give good landlords a bad name

    ?


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    #14
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Claw Hammer wrote: »
    ?

    As soon as the tenant asked for a part 4 tenancy the landlord suddenly needed it for a family member and issued an eviction notice
    This after the tenant being in situ for 2 years
    Coincidence ?????


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    #15
    DubCount
    Registered Users Posts: 1,067 ✭✭✭DubCount


    Claw Hammer wrote: »
    Rents are falling now anyway, so you should be able to get a better deal elsewhere.

    +1. This is how you really control bad LLs. Move to a better option if a LL is out of line. As a bonus, you might get a few quid from the nice people in the RTB for your trouble if the LL later does not use the property for a family member. This is how a functioning market should work.


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    #16
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    brisan wrote: »
    As soon as the tenant asked for a part 4 tenancy the landlord suddenly needed it for a family member and issued an eviction notice
    This after the tenant being in situ for 2 years
    Coincidence ?????

    I was questioning your assumption that there are good landlords. A lot of people don't think there are.


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    #17
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Claw Hammer wrote: »
    I was questioning your assumption that there are good landlords. A lot of people don't think there are.

    I would say the majority of landlords are good landlords
    We were , my brothers are , just the way the majority of tenants are good tenants
    It’s the bad ones that ruin it for everybody


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    #18
    ted1
    Registered Users Posts: 23,309 ✭✭✭✭ted1


    brisan wrote: »
    They attacked the landlord because as soon as the tenant asked for a part 4 tenancy the landlord told him to get the fook out
    That’s why he got attacked and rightfully so
    The old chestnut
    I need it for a family member is the oldest and most abused excuse in the book
    It’s landlords like this that give good landlords a bad name
    The op is entitled to part 4, so it didn’t make much difference to the landlord as the eviction process is the same now as it is in 2024.


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    #19
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    brisan wrote: »
    I would say the majority of landlords are good landlords
    We were , my brothers are , just the way the majority of tenants are good tenants
    It’s the bad ones that ruin it for everybody

    Anybody can say things, but can you back it up?


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    #20
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Claw Hammer wrote: »
    Anybody can say things, but can you back it up?

    Back what up ???


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    #21
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    brisan wrote: »
    Back what up ???

    Back up your assertion that follows the phrase "I would say".


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    #22
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Claw Hammer wrote: »
    Back up your assertion that follows the phrase "I would say".

    Well if the majority of landlords are bad landlords I am sure the RTB would be shouting it from the rooftops.
    The fact so many are renting and the only major gripe is price would lead me to believe this
    Also a rental market with too many bad landlords would not function very well
    I think regulation has driven many bad landlords out of the market
    There again it all depends on what you consider a bad landlord
    Would you consider a landlord who only provides a washing machine instead of a washer/dryer to an apartment with no outside space as they are legally obliged to do as a bad landlord ??
    If so that increases the number of bad landlords significantly
    have you evidence that the majority of landlords are bad
    Just because a landlord increase the rent does not make him a bad landlord ...........stupid or ill advised maybe but not bad .


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    #23
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    brisan wrote: »
    Well if the majority of landlords are bad landlords I am sure the RTB would be shouting it from the rooftops.
    The fact so many are renting and the only major gripe is price would lead me to believe this
    Also a rental market with too many bad landlords would not function very well
    I think regulation has driven many bad landlords out of the market
    There again it all depends on what you consider a bad landlord
    Would you consider a landlord who only provides a washing machine instead of a washer/dryer to an apartment with no outside space as they are legally obliged to do as a bad landlord ??
    If so that increases the number of bad landlords significantly
    have you evidence that the majority of landlords are bad
    Just because a landlord increase the rent does not make him a bad landlord ...........stupid or ill advised maybe but not bad .

    The only thing the RTB shout from the rooftops is how good they are, not how bad landlords are.

    You think landlords who flout the regulations are" good" landlords?


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    #24
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Claw Hammer wrote: »
    The only thing the RTB shout from the rooftops is how good they are, not how bad landlords are.

    You think landlords who flout the regulations are" good" landlords?

    Depends which regulations and how serious you think those regulations are
    A lot of landlords flout the BER regulations ,are they bad landlords
    To me a good landlord provides a good property ,in good order, all facilities intact, does not bother the tenants ,addresses issues efficiently and quickly and charges market or below market rent
    A LOT OF LANDLORDS MAY NOT EVEN KNOW ALL THE REGS.
    I would rather a landlord who met the criteria I Stated and was not registered than one who was registered and did not meet all the criteria


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    #25
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Claw Hammer wrote: »
    The only thing the RTB shout from the rooftops is how good they are, not how bad landlords are.

    You think landlords who flout the regulations are" good" landlords?

    Again what do you consider a good landlord and what do you consider a bad landlord


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