Archives for Landlord Query of the Week

My Tenant Has Not Paid Rent For 10 Months Now

29th January 2021 Question My Tenant has not paid any rent since the first Covid-19 Lockdown in March 2020.  As of the 25th of January 2021, I have received no rent in 10 months. During this period, I have not received any self-declaration from the Tenant, and I believe them to be working full-time from my property. Are the tenants protected or can I terminate this tenancy?   Response: From the information provided, the tenants are not protected and yes, you can terminate this tenancy. The new protections do not apply to a tenant who, on the 10th of January
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Categories: Landlord Query of the Week and Uncategorized.

I Need My Property For My Own Use?

12th January 2021 Question: I served notice on my tenants as I unexpectedly had to return from abroad.    The tenants were in the property 3 months and I served notice on the 3rd December with a vacation date of the 29th January 2021.  The tenants have told me that they can stay in the property.  Is this true? Response: Level 5 restrictions recommenced on the 30th December 2020.  This pauses your notice of termination.  The duration of any Emergency Period will not count as part of any termination notice period given.  A revised termination date will apply and shall factor
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Categories: Landlord Query of the Week and Uncategorized.

Can I Increase The Rent?

17th November, 2020 Question A rent review on my property was due to occur during the Covid-19 emergency period (27th March to 1st August 2020). I did not conduct this review. Can I increase the rent now – Is the tenant now required to pay the new rent? Response Rent increases were not permitted to come into effect during the emergency period (27th March to 1st August 2020). However, from 2 August 2020, rent reviews/increases can take effect as normal for tenants who have not been financially impacted by COVID-19. You must follow the usual rent setting and review rules
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Categories: Landlord Query of the Week and Uncategorized.

Notice Period – Termination Notice ?

Question: My tenant is not paying any rent and is uncontactable.  I have followed the Covid-19 rent arrears procedure serving the warning letter to both tenant and RTB and  the notice of termination giving 28 days again to the tenant and copied the RTB.  If the tenant serves a Self-Declaration Form on me now, is there a requirement for me to re-issue the notice of termination giving 90 days?   Response: We are sorry to hear your difficulty.  You will not have  to reissue the notice of termination.  The termination period must be extended pursuant to the protections obtained by
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Categories: Landlord Query of the Week and Uncategorized.

Is It Discriminatory To Ask A Prospective Tenant If They Had A Criminal Record?

Question: I have run into difficulty in the past due to my own negligence in vetting and selecting tenants. I want to be as thorough as possible – would it be discriminatory for me to ask a prospective tenant if they had a criminal record? Response: This question was emailed to the Irish Human Rights and Equality Commission and they outlined the specific grounds for discrimination covered by the Act (The Equal Status Acts (2000-2015)). Asking a prospective tenant if they have a criminal record is not contained in the grounds that are classed as discriminatory. For more information on
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Categories: Landlord Query of the Week and Uncategorized.

Do I Need To Renew The Tenancy With The RTB?

1st October, 2020 Query I served a notice of termination on my tenant because I am selling the property. The law around the sector is too difficult for me to understand. The tenant has 3 months left of the termination. I received a renewal notice for registration from the RTB. Do I need to renew the tenancy with the RTB? If the tenant does not leave on their due date, will I need to re-register to avail of the dispute resolution service? Response Assuming a valid registration of the tenancy was in place prior to a valid notice of termination
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Categories: Landlord Query of the Week.

Should The Tenant Vacate My Property?

24th September 2020 Question: I served a notice of termination for intent to sell prior to the Covid-19 Emergency, the notice expired on the 7th of February 2020 before the Covid-19 legislation was introduced. The tenant has not left the property yet and I am unable to proceed with an offer of sale. I understand that the tenant must vacate my property – is this correct?   Response: If your notice of termination is valid – yes, the tenant must leave your property. We suggest that you contact the RTB and lodge a dispute case. Dispute resolution cases can take
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Categories: Landlord Query of the Week.