Landlord Query of the Week

Do I Need To Provide The RTB With A Copy Of My Notice For Part 4 Termination?

Question: My tenants started their tennacy on the 20th of February 2016.  I served a Termination Notice on the grounds that their Part 4 Tenancy was ending.  I served the correct forms and gave the relevant notice period.   The tenancy termination date is the 26th February 2020. My tenants have suggested that I need to provide the RTB with a copy of the Termination Notice – is this correct? Response: A valid Notice of Termination is required in order to end a tenancy. Changes to the legislation effective from 4th June 2019 have introduced new obligations and procedures for landlords
Read More

Categories: Landlord Query of the Week and Uncategorized.

When Exactly Can I Give A Rent Review Notice In An RPZ?

Question:  My tenants started their tenancy on the 8th April 2019.  My property is in a Rent Pressure Zone.  My rental is significantly below market rent and I intend to do a rent review in 2020.  When can I issue the rent review notice? Can I give 90 days notice now  (December 2019) for the rent to come into effect in April 2020?  Response:  No, you cannot give the rent review notice now (December 2019). In accordance with the Rent Pressure Zone regulations you must wait until the 8th of April 2020 to do a rent review, the tenant(s) will
Read More

Categories: Landlord Query of the Week and Uncategorized.

No Rent & Property Abandoned

Question:  My property has been let to an individual for 2 years, I have not received any rent for the past 2 months. I have issued warning letters and have had no response. The tenant is not contactable by phone, has not responded to email and has not been seen in person. A neighbour contacted me to advise the front door of my rental was left open and the property appears to be empty and abandoned – what do I do?   Response: If your tenant is in rent arrears of 28 days or more and has abandoned the property,
Read More

Categories: Landlord Query of the Week.

Terminating For A Breach – What Notice Period Has To Be Given?

Question: Tenants have been in my property 6 years, there has been a build up of rent arrears in recent months. I have issued several warning letters and allowed for reasonable time in order for the rent to be paid in full.  The Tenants have not engaged with me at all on the matter. I am now serving a notice of termination for breach to the agreement. Do I have to give 180 days notice as they are there 6 years?    Response: Based on the information given you do not need to provide 180 days notice to your tenants.
Read More

Categories: Landlord Query of the Week.

Do I Have To Sell A Property With Tenants In Situ?

Question: I am considering selling a rental property, do I have to sell with tenants in situ?  Response: If you want to sell a property you do not have to do so with tenants in situ. Under current legislation there are various grounds in which a landlord has the right to end (terminate) a tenancy. One of which is if the landlord wants to sell the property. A tenancy can be ended if the landlord intends to sell the property within nine months of the termination date. From June 4th 2019, there is an obligation on landlords to offer the
Read More

Categories: Landlord Query of the Week.

Can My Company Terminate A Tenancy On The Grounds Of Personal/Family Use?

Question:  My Company John O’Brien Ltd owns a property in Dublin. Tenants moved into the property on the 12th November 2004. My son has recently moved home from Australia and has secured a job in Dublin I now need the property for his use. Can I terminate the tenancy? Response:  A landlord can only terminate under one of the 6 permitted grounds stated in section 34 of the Residential Tenancies Act 1. The Tenant has breached their responsibilities. 2. The property is not suited to the tenants needs. 3. The landlord requires the property for own or family use. 4.
Read More

Categories: Landlord Query of the Week.

Is There A Probationary Period For a Further Tenancy (Further Part 4/6) ?

September 2019 Question: I have tenants in my rental property since September 2015, they have just acquired  further Tenancy rights (further part 4/6).  Due to foreseen circumstances I need to terminate the Tenancy, my own home is in need of construction works. Can I terminate in the first 6 months of a further part 4/6 Tenancy? Does a 6 month probation apply in this case and can I terminate in 28 days?  Response:  There is no probationary period for a further part 4/6 Tenancy. If you require to terminate the Tenancy, you can only do so in accordance with one
Read More

Categories: Landlord Query of the Week and Uncategorized.