Giving tenants six months notice, how soon can they leave?

A

Arnie Hammer

Registered User
Messages
42
My niece will move to Dublin for college in the autumn and I've agreed with my sister to let my BTL apartment to my niece at that stage.

That's a ground for ending a tenancy and I'm going to start the process soon. I have the termination notice form done up and will have a statutory declaration witnessed by a solicitor and will send it to the RTB when it's served on the tenants in a few weeks.

I have to give tenants 180 days notice as they've been there for between 1 and 7 years. My question is what happens if the tenants move out well within the six months? If they were giving me notice it would be 56 days before they could move out, but does that still apply once I've given them notice? RTB website is not clear on this.

TBH I am more worried about them overholding after six months, but I'd prefer not to have an empty apartment either.
 
If the current tenants move out and it suits you then you are good.

Sold my apt last year
I gave proper notice to tenant and RTB

Letting agent I had used for the 10 years sold for me.
They found a new place for the tenant within about 2 months.
Tenant was happy to move on and I was reasonable about move out time and crossover.
Gave them full deposit back
All this started the sales process a bit sooner, so happy with that.

So the ideal is they find somewhere quickly and you sort out the rent for the part of that month.
Otherwise you will have to wait it out and hope the gov don't make too many more changes.
 
Frank said:
Letting agent I had used for the 10 years sold for me.
They found a new place for the tenant within about 2 months.
Click to expand...
Thanks, if I was putting it on the market I wouldn't worry too much either way but I have a time-bound purpose here.

In a perfect world I need the place vacant the start of September, no sooner, no later. I never expected to have a zero void period but at the same time I don't want the place empty for 3-4 months.
 
Let's hope the tenants are sound and have someplace else to go because if they refuse to move out I don't think you will have anyway to get rid of them in the short to medium term.
 
Arnie Hammer said:
In a perfect world I need the place vacant the start of September, no sooner, no later. I never expected to have a zero void period but at the same time I don't want the place empty for 3-4 months.
Click to expand...
In principle, your tenants should pay you rent for any notice period that they were required to give you to terminate early. But that rarely happens in practice.

You could keep the deposit (for unpaid rent during the notice period that your tenants should have given you) but you may well end up before the RTB if you go down that road.

Also, will you charging your niece a discounted rent? Bear in mind that under current RPZ rules you can only legally charge future tenants that (discounted) rent, increased by 2% annually.
 
Sarenco said:
In principle, your tenants should pay you rent for any notice period that they were required to give you to terminate early. But that rarely happens in practice.
Click to expand...
Thanks. I will make them aware of this.

Sarenco said:
Also, will you charging your niece a discounted rent? Bear in mind that under current RPZ rules you can only legally charge future tenants that (discounted) rent, increased by 2% annually.
Click to expand...
It's a good point. Tenancy will be registered properly with RTB but the apartment is probably going to stay within the use of extended family for the foreseeable future. I'm not going to do anything that will jeopardise resale value some day.
 
Arnie Hammer said:
My niece will move to Dublin for college in the autumn and I've agreed with my sister to let my BTL apartment to my niece at that stage.

That's a ground for ending a tenancy and I'm going to start the process soon. I have the termination notice form done up and will have a statutory declaration witnessed by a solicitor and will send it to the RTB when it's served on the tenants in a few weeks.

I have to give tenants 180 days notice as they've been there for between 1 and 7 years. My question is what happens if the tenants move out well within the six months? If they were giving me notice it would be 56 days before they could move out, but does that still apply once I've given them notice? RTB website is not clear on this.

TBH I am more worried about them overholding after six months, but I'd prefer not to have an empty apartment either.
Click to expand...
There's an eviction ban, so unless it is extended, its 6 months from June 2023, I think (there's some kind of mechanism to prevent extant bans from all starting on the day of the expiry). But if it extended, it will be at least 6 months from the end of the extension. There are no "exceptions" for family use or sales currently, so if the ban is not extended you won't get vacant possession until close to the end of the year. I wouldn't be optimistic though. Chat to the tenants and see if they are likely to leave of their own accord.
 
lff12 said:
There's an eviction ban, so unless it is extended, its 6 months from June 2023,
Click to expand...
I talked to a solicitor and estate agent and both are adamant I can serve today and it can come into effect after six months, "winter evictions ban" notwithstanding.

It it's extended we're up the creek.
 
JohnJay said:
seeing posts like this make me glad that I am no longer a renter! :oops:
Click to expand...
I don't feel great about letting the tenants go in the current market either:(


At the same time they are young and from what I can tell on decent professional incomes and should find something else. They're also aiming to buy themselves at some stage.


I had a tenancy ended on me personally at that stage in life myself and got through it.
 
you can serve notice, but you cannot evict. Evictions can restart from 01/04/2023 provided the ban isn't extended. And the ban is temporary cause the Taoiseach said the Attorney General said otherwise it's illegal. So it's going to be interesting to see what happens.
 
I am not l aware of anything relating to the temporary evictions ban.
However, the AG has previously commented with regards to proposed measures relating to rental properties which conflict with an individuals property rights under the constitution.

My concern would be any use of the word temporary. In Ireland, sometimes there is nothing more permanent than a temporary measure.
 
You must log in or register to reply here.
Back
Top