Can Tenants Squat

[chippy]

Hi Gang can you advice me please? I have tenants nearly a year now, well a month to go before the contract ends.Both parties signed contracts for a year.Anyway my heart has been broken for the past year chasing them for the rent and now finally they are asking for a reduction in rent, a month before the contract ends,I am so close to giving them notice.My question,can i evict once the yearly contract is up,{ they never pay on time}if so can they then squat and if they do how long would it take me too get rid of them?Would i legally be in my right to enter my property when they are not in the residence and expel all their wordly goods and change the locks those gaining my house back.I do not wish appear hard nosed but this property is where most of my money is invested for the benefit of my latter years.All advice most appreciated. Chippy

 

[murphaph]

Short answer is no. After 6 months occupancy it's a part 4 tenancy and they have extensive rights. Go check the PRTB website for proper wording of notice and notice periods. Under no circumstances can you go in and empty the place. That's an illegal eviction and could cost you several thousand per tenant compensation. Tread carefully.

 

[sam h]

See below....the wording of the PRTB can be confusing but I think once you give them 35 days notice you should be OK. Do bear in mind the market is very different out there and there is a likihood you will have to drop the rent anyway and find it more difficult to get a tenant.

Under no circumstances should you enter the property and remove their property if you know they are still living there (if you know they have moved out, then there are different rules). If you attempt to do such a thing, you will almost certainly face large fines from the PRTB.

6. Expiry of the fixed term
If a tenant wishes to remain in occupation after the fixed term, the tenant must notify the landlord of his or her intention. This must be done not later than one month before the expiry of the fixed term tenancy nor any sooner than three months before it expires. If the tenant fails to do so and the landlord has suffered damage as a result, the landlord may refer a dispute to the Private Residential Tenancies Board.
Once a fixed term tenancy comes to an end, in circumstances where the tenant remains in occupation and the landlord subsequently wishes to terminate the tenancy, the landlord can rely on the provisions of Section 34 to terminate the tenancy, as the fixed term has come to an end.

DURATION OF TENANCY NOTICE BY LL NOTICE BY TENANT
Less than 6 months
6 or more months 28 DAYS 28 DAYS
but less than 1 year
1 year or more 35 DAYS 35 DYAS
but less than 2 years
2 years or more 42 DAYS 42 DAYS
but less than 3 years
3 years or more 56 DAYS 56 DAYS
but less than 4 years
4 or more years 84 DAYS 56 DAYS

 

[bankrupt]

You are only allowed to serve notice on your tenants under certain circumstances (you or a family member needing the house, selling up, major renovations etc). You cannot serve notice to your tenants because your "heart has been broken!".