Archives for Uncategorized

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.

UIPI Survey on Retrofitting to Improve Energy Efficiency

The UIPI (International Property Owners Association) are looking for completion of a survey that aims to assess how EU citizens, property owners and real estate companies feel about their properties and the need to retrofit to improve energy efficiency, as well as to evaluate the impact of the health crisis on their intentions.   They need as many responses as possible.  It will take under 5 minutes and we would encourage every  IPOA member to complete it.   Link to Survey
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Categories: News 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.

Emergency Period – Ends

1st December, 2020 The Emergency Period under the Residential Tenancies Act 2020, which began on 22nd October 2020, will expire tonight at midnight. This means that from 2nd December 2020, the usual tenancy rules apply again unless a tenant is in rent arrears because of Covid-19, in which case the protections under the Residential Tenancies and Valuation Act 2020 apply. Terminations are now permitted – you must pay careful attention when calculating notice periods, taking into consideration any pauses for emergency periods. The Residential Tenancies Act 2020 introduced a revised tenancy termination date with a 10-day grace period, which means
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Categories: News and Uncategorized.

Landlords – Are You Using The Correct Forms?

25th November 2020 Make Sure Your Notices Are Valid. You must use the correct forms for your notices to be valid.   Rent Arrears You will know that a new rent arrears process was introduced on the 2nd August 2020. Changes have been made to the process which is now an 8-step process.   Sample Notices:   Payment Plan Letter – Click HERE Rent Arrears Warning Letter – Click HERE Notice of Termination Rent Arrears – Click HERE Self-Declaration Form – Click HERE   If your tenant submitted a Self-Declaration form to you confirming that Covid-19 has impacted their ability
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Categories: Property Management 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.

Important – Preventing A Further Part 4 /Acquiring Part 4 Rights

10th November, 2020 The recent changes to legislation (Residential Tenancies Act 2020) do not restrict you from serving a Notice of Termination during the Level 5 Restrictions/emergency period.  There may be a revised date on the termination but you will serve it as normal giving the required notice period. Additional time may be given in accordance with the Residential Tenancies Act 2020, this will be added to the notice after it is served.   Acquiring A Part 4 Right If you planned to serve a Notice of Termination in the first six months of a tenancy to prevent a tenancy
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Categories: Landlord Legislation, Property Management, and Uncategorized.