Asking a Tenant to leave?

shikaka

Registered User
Messages
1
Hi, first-time poster but I figured this was the best place to get an answer...

For the past 18 months I've been living abroad but now I'm in the lucky position to be moving back home.

When I left, I gave my house to an agent to find tenants. They did so and everything has been fine.

New tenants moved in 2 months ago and I've had no problems with them but now I need my house back. If I'm coming home in February, what rights do I have to ask them to vacate the property?

I haven't seen the lease, but as far as I know they signed a 12 month lease drawn up by the agent.

I want to do this right and don't want to screw anybody around. I'm prepared to give them 2 months notice and allow them to live rent-free for the notice period. (My company is covering moving expenses so I'm not worried about money)

Do I have a leg to stand on?
 
You don't have any rights to get your property back if the tenants signed a fixed term lease and are not in breach of any of the lease terms.See...
Fixed Term Tenancies
A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term. Following the expiration of the fixed term period however, if the tenant has exercised his rights under Part 4, to extend his tenure for the remainder of the Part 4 tenancy of 4 years, the landlord can from then on, rely on the provisions of Section 34.

[broken link removed]
 
Last edited:
Look up the PRTB rules on this to find out the exact situation. I think there is a rule whereby if you indend to live in it, then you may be allowed to get it back.

Failing this, bribary should work, as in free rent for a period of time. If this is in Dublin and it's impossible for them to find somewhere else at that price, it might be very difficult to get them to leave. Whatever you do, do it by the book.

Congrats on your relocation - you can always rent if the lease is not breakable.

And remember, in Ireland, leases are worthless if your tenant decides not to move !
 
Bronte,the rule you refer to is section 34,which doesn't apply to fixed term leases.
http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0034.html#sec34

Very good vandriver, no doubt the day I have to evict I'll learn the rules :) So the OP is left with easing their path to leaving or renting himself.

Nevertheless if I were him, I'd telephone the PRTB to be sure, after all that's what the PRTB are for. And they do seem to be a lot more efficient nowadays (but not for non paying tenants of course :mad:)
 
I would go along with vandriver on this one, that the landlord cannot break the lease during a fixed term agreement unless there is a suitable break clause. Part 4 rights for the landlord to regain possession of his property do not come into effect until the fixed term lease expires. Just as the tenant cannot just break the lease (though the tenant has the option of an assignment).

Bronte's suggestion of a bribe could work, though I would prefer to call it "buying out the lease". This involves offering the tenant something making it worthwhile to vacate. However, as the tenant is only there two months, the worthwhile element could be something like free rent until they vacate plus moving expenses plus a lump sum of say at least two or three months rent. I wouldn't accept anything less if I was asked to move out after only 2 months in residence.
 
However, as the tenant is only there two months, the worthwhile element could be something like free rent until they vacate plus moving expenses plus a lump sum of say at least two or three months rent. I wouldn't accept anything less if I was asked to move out after only 2 months in residence.
This is a bit much. The OP said they are returning in Feb so they will have been there 4 months. They will get 2 months free rent and I'm guessing they'd be more than happy. Failing that just rent for the 8 months.
 
This is a bit much. The OP said they are returning in Feb so they will have been there 4 months. They will get 2 months free rent and I'm guessing they'd be more than happy. Failing that just rent for the 8 months.

Quote:
However, as the tenant is only there two months, the worthwhile element could be something like free rent until they vacate plus moving expenses plus a lump sum of say at least two or three months rent. I wouldn't accept anything less if I was asked to move out after only 2 months in residence.

Whether or not the OP is returning in Feb, he will probably try to get a commitment from the tenant as soon as possible so that the house will be available to him as soon as he arrives. The hassle, stress, time searching for a new suitable property, moving; possibility of having to change children's school, again so soon after having moved into a house which the tenant probably hoped he would be in for the next few years at least. All this adds up to a substantial inducement which, if not suitable to the tenant, he is not obliged to agree to.
 
An experienced letting agent would have come across this situation many times before .

Just call your agent and ask him to negotiate on your behalf and maybe provide alternative accommodation for your tenant.
 
Back
Top