Archives for 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.

My Tenant is in Rent Arrears?

15th September, 2020 Question: My tenant did not pay any rent during Covid-19, I have served a warning notice and now want to proceed in a termination – Can I do this? What do I need to do? Response: During the emergency period you were permitted as you did to serve a rent arrears warning notice, if the tenancy was less six months the amount of time to be provided in the warning notice to remedy the breach was 28 days. For tenancies over 6 months reasonable amount of time must have been given to remedy the breach. You were
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Categories: Landlord Query of the Week.

Rent Arrears / Termination – What Do I Do Next?

31st August, 2020 Question: My tenant did not pay any rent during Covid-19, I have served a warning notice and now want to proceed with a termination – Can I do this? What do I need to do?   Response: During the emergency period you were permitted as you did to serve a rent arrears warning notice, if the tenancy was less six months the amount of time to be provided in the warning notice to remedy the breach was 28 days. For tenancies over 6 months reasonable amount of time must have been given to remedy the breach. You
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Categories: Landlord Query of the Week.

Can I Serve A Notice Of Termination?

30th July 2020 Question: I desperately require my rental property for my own use. I was in the process of arranging a notice of termination for personal use when the Covid-19 Emergency Legislation was introduced. Is there any update on when I can proceed with a termination notice? Response: Minister O’Brien announced recently that the rent freeze and eviction moratorium, which was due to expire on the 20th of July, is extended until 1 August 2020. The Residential Tenancies and Valuation Bill 2020 which has passed stage one in the Dáil is new legislation being introduced. Our understanding is that
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Categories: Landlord Query of the Week.

Rent Increase/Review – Emergency Period.

16th June 2020 Question: I served a rent review notice to my tenants at the end of January 2020 to come into effect the end of April 2020. I understand that there can be no rent increases actioned during the emergency period and therefore the increase was not applied. Do I need to re-issue the rent review notice after the emergency period and give another 90 days’ notice?   Response: Rent increases are prohibited during the COVID–19 emergency period. Tenants are still required to pay rent to their landlord during this emergency period. However, Rent Review notices may be served
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Categories: Landlord Query of the Week and Uncategorized.

Building Energy Rating (BER) Certificate Requirement

5th June, 2020 Question: I am a relatively new Landlord; I purchased a property with tenants in Situ 2 years ago, the tenants remain in the property. One of the tenants recently advised me that he was making a complaint as the Building Energy Rating Certificate expired last year and that I could be sanctioned with a fine. Is this the case?   Response: From January 2009, a Building Energy Rating (BER) Certificate is compulsory for all buildings being constructed or offered for sale or rent. The certificate rates your building on a scale of A-G. A-rated homes are the
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Categories: Landlord Legislation, Landlord Query of the Week, and Uncategorized.

Landlord Query Of The Week: RPZ Exemption – 2 Year Vacant – Covid-19?

26th May 2020 Question: There has been no tenancy in my property since January 2017, the property is in a rent pressure zone. I now wish to re-let the property. I understand that as there has been no tenancy for the immediate past 2 years I can set the rent at market rate. Does the emergency legislation now in place have any impact on this?   Response: With regards to the following RPZ Exemption: no tenancy existed in respect of the dwelling during the two years immediately prior to this current tenancy beginning We have referred to the RTB and understand that
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Categories: Landlord Query of the Week and Uncategorized.