Hi Dermot,
I am no expert on tenant law, but I am a landlord who is currently involved in a similar issue.
You need to Read all the information here on the PRTB website
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In answer to your questions,
"what happens if the tenants will not leave ?"
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Example of notice of termination
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Landlords can ask tenants to leave without giving a reason during the first six months of a tenancy. Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:
- After 3½ years
- If the tenant does not comply with the obligations of the tenancy, for example, not paying rent
- If the property is no longer suited to the tenants' needs (e.g. overcrowded)
- If the landlord needs the property for him/herself or for an immediate family member
- If the landlord intends to sell the property
- If the landlord intends to refurbish the property
- If the landlord plans to change the business use of the property (e.g. turn it into offices).
You should note that if your landlord evicts you for a specific reason and subsequently does not carry out the intention (e.g. to live there him/herself) you can report him/her to the
Private Residential Tenancies Board (PRTB). The PRTB will investigate your claim and take further action as appropriate.
Notice periods
The length of notice depends on the length of the tenancy. Landlords can give less notice if the tenants are not keeping their obligations (28 days) or if there is serious anti-social behaviour (7 days). Anti-social behaviour includes violence, threats or intimidation as well as any persistent behaviour that interferes with neighbours.
If you do
not pay your rent a notice of termination may be served, only if the rent due has still not been paid
14 days after you get written notification from your landlord of the amount owing.
Landlords and tenants can agree shorter notice periods but they can only do so at the time they decide to terminate the tenancy. It is illegal to agree a shorter notice period at the start of the tenancy. Landlords and tenants can also agree longer notice periods but the maximum is 70 days when the tenancy has lasted less than six months.
Notice of termination
If your landlord wants you to leave he/she must serve you with a notice of termination. In order to be valid a notice of termination must:
- Be in writing
- Be signed by the landlord (or an authorised agent)
- Specify the date of termination
- State the reason for termination (if a tenancy has lasted more than six months)
- State that any issue with the notice must be referred to the Private Residential Tenancies Board (PRTB) within 28 days from the receipt of the notice.
The notice can be posted to you, be given to you in person or left for you at the property.
Note: Make sure you post the notice and ask for a receipt of postage for proof that the letter was posted (not a registered letter), as they may refuse to accept and sign for a registered letter if they are aware of the situation.
Regards,