fixed term tenancy ended in Nov but Tenant refuses to leave!

E

elmo

Registered User
Messages
6
Hi all,

I am at my wits end trying to deal with this situation and as such I thought I would contact you about it to ask if anybody has any advice regarding the same.

I am currently in NZ but my wife is temporarily back home trying to resolve and issue regarding our tenant. His fixed term tenancy ended on the 13th November.

He was informed on numerous occasions verbally, my text and on the 27th October in writing that his tenancy would not be renewed.

He refused to pay rent and turned off his phone leaving us to chase him until my partner got back (last week). Since then he has paid the overdue rent plus rent up until the 30th.

He now however refuses to leave, he wants a further 28 days notice (despite the fact that he wont pay up front because he doesnt have the money). Does he have any rights in this? Wont pay but wants to stay!?

Id appreciate any help you can give.


Notes:
In the year he has been there he has been issues 2 eviction notices for not paying rent.
He has NEVER paid the rent on time.
Last month he tore up our shagpile carpet throughout the house and replaced with cheap blue carpet without permission.
He called a plumber and took the cost off his rent payment (without contacting us)

We have been using Smart Letting Company to help us but they have been as bad as our tenant to be honest.
 
There is a solution which your agent should be well able to deal with as long as you have registered the tenancy with the PRTB...you can take a case for overholding through them but first you must issue a valid notice of termination, preceded by a rent arrears warning ...too much detail to list here. Suggest you look at PRTB website for relevant info. If your wife is still in Ireland I'll talk to her if she wants to pm no.
 

My understanding from the link below is the fixed term tenancy ended on the end date, in this case 13th Nov, your tenants should have left on this date as you made it clear you did not want to renew the lease, and they never notified you they wished to avail of their rights to stay under Part 4 Tenancy (assuming tenancy was 6+ months)

You could have started PRTB proceedings at this stage, without any notifications.

1. When is a Tenancy Terminated?

Where a tenancy that was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued. If that period was 6 months or more and the tenant intends to continue in occupation, he/she must inform the landlord of that intention between one and three months before the expiry date.

http://public.prtb.ie/DownloadDocs/Terminating_Tenancy.doc

However as you have now accepted a further 2 weeks rent, I think you now have to wait until your tenant is again in arrears (few days ago), then issue the 2 week arrears notice, followed by the valid notice of termination, and only then, if they don’t leave, can you start PRTB proceedings.

6. Expiry of the fixed term
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.

http://public.prtb.ie/DownloadDocs/Termination%20of%20FT.doc
 
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