There is nothing illegal in the tenants asking you to accept rent allowance. If they are asking such a question, I ask myself if you did a proper reference check on the tenants.I let out my house about 3 months ago, specifically stated "no rent allowance" on the ad but every month since the tenants have requested can they get rent allowance.
No, you cannot have a new contract until the present one expires. You have a legally binding lease agreement. I feel that you do not know that once the tenants have been in the property for six months, they acquire Part 4 rights. Among other things, this allows the tenants to remain in the property for up to 4 years without signing any new contract. It is up to the tenant if they want to sign a new fixed term lease or remain on a Part 4 tenancy.Can I implement a completely new contract based on the fact that they want to break a clause in the current one?
If only three people are recorded on the lease agreement, then the extra people must be lodgers or licensee. Most lease agreements have a clause prohibiting licensees and subletting. If this is the case, the tenants are in breach of their obligations and you could serve a Notice of termination without any warning letter / notice, giving them 28 days to vacate. If any tenant has been in occupancy for more that 6 months, you must first serve a warning letter of the breach of obligations and allow them to remedy the breach.the initial family that moved in were only 3 people and now there's 5 people living in the house?
As a landlord can I ask a tenant to sign an agreement for a month to month rent. I have the house for sale but it may not sell for 6 months and I would rather not be without the rent for that time. The present tenants are moving at the end of this month. I am not living in Dublin so the houses are selling much slower down here.
Furthermore, the law on rent increase in the Residential Tenancies Act 2004 states that you cannot have a rent review during the first 12 months of a tenancy.
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The landlord doesn't have to give a rent reduction and if the RA reduces the allowance, the tenant gets in arrears, the landlord can evict, and get an none RA tenant at his original rent.The law may state that, but the law doesn't apply when the government reduces the limits on rent supplements and the local council tells your tenant that they have to get a rent reduction from you.
This is the first mention of sub-letting. Or possibly a misunderstanding of the term "sub-letting". Sub letting exists when a tenant vacates and he rents the property to someone else. thus, the tenant becomes what is known as the "head tenant". Therefore, there is no subletting.I can serve notice of termination as there is a no subletting condition in the contract. This may be the route I have to take.
The other option may be that the house (which was slightly in negative equity) may be put on the market in the new year as it was my house prior to moving in with partner and if I had put it on the market 3 months ago I would be looking at selling below what is owed on it. Even in the last couple of months asking prices have crept up and there are now houses in the same estate with asking prices that would get me out it without having to take out a term loan to settle the mortgage remainder. Luckily for me it's a 3 bed family home that seems to be in very short supply in Dublin right now. I was never the willing landlord/investor so this may be my better option.
However, if a landlord refuses consent, the tenant may vacate with 28 days notice and have his full deposit returned (badly thought out by the lawyers writing the Act).(k) not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),
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