Landlord Query Of The Week : Ending A Tenancy

Question:

A Tenant has been renting my property since September 2011, a one year fixed term contract was entered into at that time and no other agreement was entered into since then. I require my property back, what are my rights with regards to ending this agreement?

Answer:
If your Tenant has been renting for at least 6 months and hasn’t been served with a valid written notice of termination, in general they automatically acquire security of tenure and can stay in the property for a number of years.

• If the tenancy started on or before 24 December 2016, this period is 4 years
• If the tenancy started after 24 December 2016, this period is 6 years

Based on the information provided the period is 4 years, therefore your tenant is in a Further Part 4 tenancy.

A landlord can only terminate under one of the 6 permitted grounds:
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, Landlords 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 September 2019. If you wish to stop 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 notice must be served before the end of the tenancy. A notice served in this way should provide a reason for termination, however the reason does not need to be one of the valid grounds for terminating listed above.

For more information and for a sample Part 4 Notice of Termination – Contact us Now @ info@ipoa.ie

Categories: First Time Landlord and Landlord Query of the Week.