Dilemma with tenant

[Sarenco]

The 'own use' termination cannot be contested.

Of course it can!

Envisage this scenario -

Moon Light gives her tenant 56 days' notice of termination citing the "own use" ground. 56 days come and go and the tenant fails to vacate the property, saying she has nowhere else to go. So, Moon Light has to seek a Determination Order from the RTB. The average processing time for such cases is approximately 5 months, this is from application received to Determination Order issued where no appeal is received.

So Moon Light now has her determination order but her tenant still fails to vacate the property. So now she has to go to Court.

Where the terms of a Determination Order have not been complied with within the specified timeframe, Moon Light can opt to enforce their own Determination Order through the Circuit Court (which is costly). Alternatively, she can apply to the RTB to initiate enforcement proceedings against her tenant. Needless to say this all takes time.

After all that, the tenant could still subsequently dispute the grounds upon which the tenancy was terminated! In other words, she could complain to the RTB after she is evicted that Moon Light did not in fact require the property for her own use.

The whole process is so long-winded that opting for the root with the shortest possible notice period at the outset seems like the better option to me.

 

[Sarenco]

Seems like there is not much in favour of the landlord in these situations, I have certainly learnt my lesson and won't be letting to such a big family again, if I wait until her part 4 tenancy is over - do I still have to give a reason for not renewing her tenancy ?

You can terminate the tenancy without giving any grounds before a further Part 4 tenancy comes into existence by serving a notice of termination providing the minimum notice period required under the Act (in line with the tenancy occupation), with the notice period set to expire on or after the end of the Part 4 tenancy cycle.

You need to be careful with the notice period here - it's very easy to get it wrong so err on the side of caution.

 

[SqueezedMiddle]

Seems like there is not much in favour of the landlord in these situations, I have certainly learnt my lesson and won't be letting to such a big family again, if I wait until her part 4 tenancy is over - do I still have to give a reason for not renewing her tenancy ?

You have to give a reason but it can be anything you like in that case.

 

[Sarenco]

You have to give a reason but it can be anything you like in that case.

Well, the stated reason for the termination of the tenancy in those circumstances could simply be "the fact that the landlord is entitled to terminate the tenancy before a Further Part 4 tenancy cycle commences and by providing the minimum notice period applicable pursuant to the Residential Tenancies Acts 2004 to 2016".

 

[Moon light]

Bronte I took your point on board about leaving her and charging "extra" not as rent but to do the house up at the end of the part 4 tenancy and putting this in writing with the RTB, but I am concerned about this as could come back to bite me in someway shape or form at the end of the tenancy,

Maybe I should give her a chance to remedy the property, does this mean that she must rectify blinds, curtains, mantelpiece, garden, doors, skirting boards, and its up to me to do carpets and paintwork.
Do I give her 28 days to do this, ?

If she fails then can I give an eviction notice based on her not keeping the house properly ?

 

[Thirsty]

Of course it can!

You misunderstand me. The landlord says, I need property for my own use. The tenant cannot contest this statement. They can still attempt to over hold, but they have no defence. We've had this discussion here before on AAM, owner does not need to declare the property as PPR or even stay over night in it.

If landlord says, you didn't adhere to your lease/condition of property, the tenant can attempt to disprove that assertion.

give her a chance to remedy the property

Leopard doesn't change its spots. Wasting your time in my opinion.

 

[Sarenco]

The tenant cannot contest this statement.

Sure she can. It may be extremely difficult to do so successfully but that's a different point.

Moon Light's goal is surely to secure vacant possession and re-let the property in the shortest time possible - assuming the tenant does not remedy the breach.

 

[SirMille]

You need it for yourself.

Give notice.
If the tenant fails to vacate
Simply let yourself in and go to bed.
She will soon move out.
Try walking around naked, that'll help!

 

[Moon light]

lol...tks SirMille - believe me I wouldn't go to bed in there, the state of it, mould everywhere from no ventilation,
am so confused - literally don't know which is the best action to take,

 

[Moon light]

and yes Sarenco - that is my goal - to secure vacant possession and re-let the property in the shortest time possible - assuming the tenant does not remedy the breach,

 

[Sarenco]

mould everywhere from no ventilation,

In that case, you need to act promptly or you could have a case for damages on your hands.

I think the obvious thing to do is to issue a formal notice to your tenant to rectify the issues identified by your agent within a reasonable timeframe (28 days sounds about right). Include a schedule of all the items that need to be tackled by the tenant (disregard normal wear and tear).

At the end of the 28 days, carry out a further inspection and if things haven't improved (take photos) issue a 28 day notice of termination for failure to maintain the property in good order.

Unfortunately securing vacant possession is probably going to take some time but the sooner you start...

 

[Ceist Beag]

OP, have a read of this thread which suggests all you need do is say you are selling your property to evict the tentant. If you advertise it for a short period it seems you can then withdraw the ad and put it back up for rent.
I'm not arguing whether it is right or wrong to do so but if you read that thread there seems to be no real suggestion that the landlord was wrong to do what they did there.

 

[Moon light]

Tks Ceist Beag - the thought of putting it up for sale has actually gone through my mind, get rid of completely and be done with the stress of it all,