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?
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. The landlord wants to sell the property.
5. The landlord wishes to significantly refurbish the property.
6. The use of the property is changing.
However, in your case it is important to note that a Company does not have a relative ie. son – therefore you are not permitted to terminate on the grounds of own/family use.
Landlords do also have the right to end a tenancy at the end of a Part 4/Further Part 4 tenancy. Based on the information provided your tenants further Part 4 tenancy will end in November 2020.
If you do not wish that another Further Part 4 tenancy coming into existence, you may serve a termination notice during the Part 4 tenancy, the notice period can expire on or after the end of the tenancy but the termination notice must be served before the end of the tenancy. Your tenants must receive the correct notice periods.
For more information and for a sample Part 4 Notice of Termination – Contact us Now @ email@example.com