Asking tenants to leave as I wish to move back in!

L

lenny_h

Guest
I rented out my place to a couple and their child in March based on a 1 yr lease, but also stated in the lease it was on a 'month by month'.

I now need to move back into it permanently, how do I go about asking the tenants to leave, im new to this - I feel bad as they have made it their home and have a young child.

I think they will be able to rent a similar if not bigger apartment in that block for probably 50/100eur more pm.

Do i write to them formally advising they have 30 days notice or can they bring their case to the PRTB? (I am not regd )
 
Just ask them, maybe give them a month free rent as well.
 
Its not feasible to give them a free month, I just dont have it unfortunately!
 
I suppose just explain you need to move back in for whatever reason (make one up if you have to) and give them notice.

There is no shortage of other places to rent.
 
I could say I need to sell it due to unforseen circumstances. They cant argue if I need to sell it!!
 
Yeah that would work. You sound fairly reasonable so as long as you don't go in hardnosed about it I'd say you wont have any issues.
 
lenny_h said:
I could say I need to sell it due to unforseen circumstances. They cant argue if I need to sell it!!
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Then you move back in, they get another apartment in the block, and see that you lied to them.

How about being straight with them? If need be, give them the extra little bit per month that would enable them to get another apartment for the remainder of the period of the lease.
 
lenny_h said:
They cant argue if I need to sell it!!
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They can actually, if you then don't sell it.
Under the PRTB rules, notice may be given if the landlord intends to sell in the next 3 months. However, the tenant must be given first refusal to resume their tenancy if the sale doesn't go through.

If your lease has a valid break clause, use it.
Otherwise be honest and try to negotiate a mutually acceptable agreement. Just because you haven't registered the tenancy, doesn't mean your tenants can't go to the PRTB with a dispute.
 
Pay a portion of their rent after they move out? Messy.

The OP can just change his mind about selling, so what. I doubt anyone would be too bothered.
 
How can a lease be month to month and 1 year ?

What does the actual paper they signed say ?
 
Given that you haven't registered with the PRTB you'd not really in a good position. Unless the tenants leave on good terms you're going to find yourself in the sh**ter. I would imagine you're going to have to give them an incentive to break the lease.
 
lenny h

If you need to move back into your property then all leases are null & void if you look up the prtb web site it clearly states this if you or any member of your family need to move in then it is perfectly legal. Just tell them the truth.
 
jhegarty said:
How can a lease be month to month and 1 year ?

What does the actual paper they signed say ?
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Its a messy one- I advertised on daft as a 6 month lease, A friend who showed them around ( I was away) verbally agreed a year with them. The lease they signed is a 'Part 4' lease agreement which stipulates that up to 6 months I can ask them to leave at any time [broken link removed] . Problem is I cant find the signed lease.

They are pretty decent tenants and I cant see them arguing, I just know from renting myself if a landlord asked me to leave after 5/6 months i would be pretty peed off.

Ive decided I am just going to tell the truth and tell them I need to move back in myself, I can give them a week free max- thats about it for the trouble it may cause them.

Wish me luck!
 
As a landlord, you can only legally break a fixed term lease if the tenants have not fulfilled their obligations as tenants eg non payment of rent or anti-social behaviour. Your tenants can bring a complaint to the PRTB even if you are not registered.
 
Tell them the truth, why would you lie? It's a renters market at the moment so they shouldn't have trouble finding somewhere else. If needs be give them an extra week or two to move, I can't see them needing it though, most places on daft are available immediately.

Were you banking on them not claiming rent relief? Even if you give them an incentive to leave they might still report you to the prtb and claim rent relief. Moral of the story - do things above board and pay your taxes.
 
You are all thinking worst case scenarios here, more than likely there won't be any hassle.
 

The OP has already stated she is telling them the truth:

lenny_h said:
Ive decided I am just going to tell the truth and tell them I need to move back in myself
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Lenny_h, see exactly what the lease says about notice periods, etc, once you find it. Without a copy of the lease it will be that much harder for you to act proplerly. And not to get holier-than-thou, not registering with the PRTB was a mistake, so don't do anything to exacerbate the situation. Presumably they are entitled to a month's notice, so if they ask for a week's extension or such, I'd be inclined to give them that.
 

Why would they be out of pocket?! They are getting their deposit back the week they leave. Its a renters market out there, just looking on daft.ie there is 4 two beds in my block that they could rent. Plus I would be giving them 37 days notice - with one free week as stated in my earlier post. I do not see why I should 'help' anybody any further. I did state i felt bad, but its my home and I need to move back in - simple as.

Also I stated I wouldnt be lying, I would be telling the truth.

As for being an 'amateur' landlord, well we all have to start somewhere eh.
 

Its not a fixed term lease, its month by month and it stipulates in teh lease that I can ask them to leave for numerous reasons i.e. If I or a family member needs to move back in.

Thanks everyone for your replies, Im gonna draft a letter advising them I need to move back in and they need to leave 1st wk in september. I will also point them in the direction of daft for the other 2 beds in my block and im sure they could negotiate a rent similiar to what I was giving them.
 
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