how to inform tenants I am moving back in and want them to leave

[McGann]

Hi,


just wondering how to notify my tenents to move out, we have a monthly contract agreement and due to personal issues need to move out frm where I am now back to apartment, I want to do this before I have to pay the 200 NPPR tax -

Questions is Do I phone them first to see them and put it in writing etc. and are there any other issues to consider when I move back in. what if they ask for long than 4 weeks etc?

probably sounds pretty simple to some but getting stressed out about it at mo.

any suggestions welcome
thanks
mcgann

 

[kkelliher]

You have to give them notice in accordance with statute. The lenght of notice depends on how long they have been there.

Or if they are in agreement to less obviously

 

[McGann]

hi kkelliher,

it is coming up to 2 years around the middle March, originally I had an agent select tenants and draw up agreement, and then after 12 months the tenants asked me to change agreement to a monthly basis rather than sign up for another year and I drew up a contract to match this. what is the statute?

 

[Sue Ellen]

Would you find anything helpful on [broken link removed] or PRTB.

 

[beffers]

OP, according to Threshold the notice period that you have to give depends on how long they have been living there. Even though the tenants are currently on a month to month lease, the amount of time they have lived there matters in terms of the amount of notice that they are entitled to.

The Residential Tenancies Act 2004 affords greater security of tenure to tenants in the private rented sector. The landlord can terminate the tenancy without reason during the initial six months but once the tenancy has lasted six months, the landlord will only be able to end it on specific grounds. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling and the landlord requiring the dwelling for his own occupation or for a family member. For a complete list of the acceptable reasons, contact Threshold.


The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.

Duration of Tenancy Notice by Landlord

Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days
2 years or more but less than 3 years 56 days
3 years or more but less than 4 years 84 days
4 or more years 112 days

You must give your notice in writing. The notice period starts from when the tenants are in receipt of it. So sending it via a registered letter with confirmation of delivery may be a good idea if you need to prove dates later on. A courtesy phone call may be nice to soften the blow, and to explain to your tenant why you are doing what you are doing. However, it is not required, or legally valid in terms of giving notice.

If your tenants have been there 1 year and 11 months, they are entitled to 42 days notice. That goes up to 56 days if they pass the 2 year mark. If you only give them 28 days notice, you are breaking the law irrespective of what your own personal circumstances may be.

 

[Macstuff]

Yes make an initial phone call to them. I get the impression that they are not going to give you much trouble as you helped them previously by taking them off an annual lease, there should be some goodwill there.
The fact that they are now on a monthly lease implies that they are not expecting to stay there forever. Make a phone call to explain your situation to them and then follow up with a registered letter, giving them adequate notice, just to cover yourself.

Do it soon, once you've made the call your stresses should be lowered.

 

[McGann]

Thanks to all of you for your replies, I have rang tenants to say I wanted to meet with them tomorrow and I am typing up a letter now explaining and giving the appropriate notice which actually turned out to be 3 years as they moved in on the 16th March 2009 so it will be 56 days.

thanks again
mcgann

 

[Janet]

Also a good idea to let them know that you have no objection to them moving out earlier than that deadline and, depending on your relationship with them, how badly you need the place earlier etc, potentially offering to refund any rent they may have paid in advance. By which I mean, if they have paid rent for all of April but find a place they can move into immediately in the second week of April, they might appreciate knowing they'd get two weeks rent back from you.

I was on the receiving end of this once, lived in a house for a few years and then the owners needed it to live in while their own house was being renovated. They gave us nearly four months notice but were happy for us to move out anytime during that four months. As it turned out we got a place a couple of months later and moved but I held on to the keys for a few days since I knew they weren't moving straight in and since they had always treated us so well I wanted to make sure the place was really nice for them. Spent every morning for nearly a week going back and giving the place a thorough going over, cleaned the carpets, weeded the garden, cleaned the windows and all that stuff. And the cheeky bugger charged me rent for those few days. Could tell his wife was a bit embarrassed about it though as when I called a while later to pick up some post, she blushed furiously while thanking us for leaving the place 'cleaner than she'd ever had it herself'. This story has little relevance to your issue but never get to tell anyone about it otherwise.

 

[kickstart]

Also a good idea to let them know that you have no objection to them moving out earlier than that deadline and, depending on your relationship with them, how badly you need the place earlier etc, potentially offering to refund any rent they may have paid in advance.

This is nice, but maybe putting it in writing too is a good idea for certainty. I moved out of a leased house once years ago, following an agreement with the landlord who wanted to sell up, and figured it would be easier to sell without me cluttering the place. I agreed, moved out, cleaned it up etc etc, and then he tried to withhold the security deposit, and claimed I'd moved out early, breaking the lease. I was incredulous - the bare faced cheek involved stunned me. I kept an eye out for him over the years, and noted he hadn't changed his spots - struck off the rolls as a solicitor for skullduggery eventually.