Archives for Landlord Query of the Week

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

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
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Categories: Landlord Query of the Week.
Can My Company Terminate A Tenancy On The Grounds Of Personal/Family Use?

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.
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Categories: Landlord Query of the Week.
Is There A Probationary Period For a Further Tenancy (Further Part 4/6) ?

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
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Categories: Landlord Query of the Week and Uncategorized.
My Tenant Has Stopped Paying Rent – What Do I Do?

My Tenant Has Stopped Paying Rent – What Do I Do?

Question: I have a tenant in my property 8 months, they have failed to pay their last months rent, I have tried to contact them, they are not answering my calls.  How do I get my rent – can I terminate the agreement? Response: It is important that you know that rent must be paid to a Landlord at all times. In the first instance, we would suggest Landlords carefully monitor their incoming rent and immediately action if the rent is not paid. A tenant is obliged to pay their rent in full and on time until the tenancy ends.
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Categories: Landlord Query of the Week.
Am I restricted To Rent Control After Airbnb Occupation?

Am I restricted To Rent Control After Airbnb Occupation?

Question: I have a second property in Cork City that is not my principal private residence.  I bought this property 10 years ago and rented it out to a couple. When the tenants left in 2016, I decided to let the property through Airbnb on a short-term basis. I have decided to let out the entire property again on a long-term basis. In deciding the rent for the new tenants can I go to market rent, am I restricted to rent control? Response: Yes, our understanding is you can set the rent at market rent if you so wish. An
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Categories: Landlord Query of the Week.
Can An Agent Pass On Management Fees To Tenants?

Can An Agent Pass On Management Fees To Tenants?

Question:  I have engaged a letting agent to manage a large portfolio of property on my behalf. Can the agent charge the tenants their management fees ?  Response:  Landlords frequently employ letting agents to let and, in some cases, manage their properties. Letting agents are required under law to have a licence and Landlords should avoid dealing with unlicensed agents as you may have little recourse if things go wrong. Our understanding is that it is not legal for agents to charge tenants fees. Under Section 90 of the Property Services (Regulation) Act 2011 it is not legal to charge tenants
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Categories: Landlord Query of the Week and Uncategorized.
Landlord Query of The Week: Daughter Shares Rental – Does This Have To Be Registered With The RTB?

Landlord Query of The Week: Daughter Shares Rental – Does This Have To Be Registered With The RTB?

Question: My Daughter is a student and is staying in a property I own in Dublin, there are no other occupants at present in this property. If she takes fellow students into the property will they have to be registered with the Residential Tenancies Board?   Response: If you or your daughter have a written agreement in place with the students intended to occupy the premises then yes, this must be registered with the RTB and subject to the Residential Tenancies Act. However, if you do not have a written agreement in place, it is our understanding that you do
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Categories: Landlord Query of the Week and Uncategorized.