Archives for Landlord Query of the Week

Property For Own Use – Can We Terminate For This Reason During Covid-19?

Property For Own Use – Can We Terminate For This Reason During Covid-19?

26th March 2020 Question My son and his family require my rental property for their own use, we have been planning towards this for some time – can we issue a termination notice for this reason now? Our tenants have been great and this is not related to rent arrears or difficulty in keeping the rent up?   Response We understand you are not permitted to serve notice on these grounds or any grounds during the Covid-19 emergency. The fact that this is not related to rent arrears has no bearing on the situation. The Government announced measures on Thursday
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Categories: Landlord Query of the Week and Uncategorized.
Registration Of A Tenancy?

Registration Of A Tenancy?

Question: I have served a notice of termination on the grounds that a Part 4 Tenancy is ending.  The termination date is now approaching. My tenants have requested that they stay additional time in the property as they are buying a house and it is not ready yet. I have agreed that the termination notice still stands but I will not action this immediately and am allowing them stay in the property for an additional 7 weeks after the expiration of the termination date. Am I required to register this with the RTB? Response: Based on the information provided above,
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Categories: Landlord Query of the Week and Uncategorized.
Do All Tenancies Come Under The Remit Of The RTB?

Do All Tenancies Come Under The Remit Of The RTB?

Question: I am a Landlord, my properties are registered with the Residential Tenancies Board (RTB) and governed by the Residential Tenancies Act. My niece is a tenant residing in a council property. She has advised me that her tenancy was not under the remit of the RTB – is this the case?   Response:  Not all tenancies are under the remit of the RTB, your niece is correct in what she has communicated to you.  The RTB cannot get involved if you : Are a tenant in local authority housing Live with your landlord under the ‘rent a room’ scheme
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Categories: Landlord Query of the Week and Uncategorized.
There Are No Comparable Properties In My Area – What Do I Do?

There Are No Comparable Properties In My Area – What Do I Do?

Question: I understand that when serving a rent review a landlord must show 3 comparable properties advertised in the previous 4 weeks. There are no comparable properties in my area in the previous 4 weeks- what am I supposed to do? Response: You are correct, in order for a rent review to be valid a landlord must include 3 comparable properties advertised within the previous 4 weeks of the landlord serving the rent review notice.  It is not uncommon that a landlord cannot find these comparable properties in their exact area. Comparable properties do not have to be in the
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Categories: Landlord Query of the Week.
Do I Need To Provide The RTB With A Copy Of My Notice For Part 4 Termination?

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
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Categories: Landlord Query of the Week and Uncategorized.
When Exactly Can I Give A Rent Review Notice In An RPZ?

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
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Categories: Landlord Query of the Week and Uncategorized.
No Rent & Property Abandoned

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,
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Categories: Landlord Query of the Week.