Dubliner12345
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Thanks, that is helpful.Bad news is you can't just decide not to extend the lease. The Residential Tenancies Act has converted their lease to a Part 4 tenancy, aka a tenancy of indefinite duration. You are only allowed terminate it on certain specific grounds, all of which are set out in Section 34 of the Act.
Good news is that non-payment of rent (aka breach of tenants obligation) is one of the specified grounds. If the tenants are already in arrears, or go into arrears, you can send a warning letter giving them 28 days to rectify the breach, ie pay the arrears. If they don't, you can then serve a Notice of Termination, requiring them to vacate the property in a further 28 days.
You will need to get every little detail of the Notice of Termination procedure absolutely correct. If you don't, the tenants can challenge it at the RTB and you will have to start all over again. Templates and further info are available on the RTB website.
Annoying though it may be to get rent late, as long as they are not in extended arrears, I dont believe you'll succeed in getting an eviction order.I am wondering tenant making payments after breaching their tenancy obligation still holds true and considered a breach?
They pay when its a couple of days from 'the 28 days', therefore avoiding the notice of termination every month.
Probably not.Is going through a solicitor any good?
You will not win if you give notice to leave for late payment unless they go over the 28days. If they pay after the 28days then you can give notice.Thanks, that is helpful.
I am wondering tenant making payments after breaching their tenancy obligation still holds true and considered a breach?
They pay when its a couple of days from 'the 28 days', therefore avoiding the notice of termination every month.
Is going through a solicitor any good?
Thanks in advance again.
Being late with the rent is a breach of the tenants' obligations. However, if they rectify that breach withing the 28 day warning period, you don't have the remedy of serving a warning notice.Thanks, that is helpful.
I am wondering tenant making payments after breaching their tenancy obligation still holds true and considered a breach?
They pay when its a couple of days from 'the 28 days', therefore avoiding the notice of termination every month.
Is going through a solicitor any good?
Thanks in advance again.
It sounds like your tenants know how to play the system.They pay when its a couple of days from 'the 28 days', therefore avoiding the notice of termination every month.
Are you making a statement or asking a question here?The other option which you may not like is to sell the property then you can evict them ?
What's "a landlord by default"?You might sell to the Council as they are already paying HAP. I'm a landlord by default and if I could choose not to be I would do so.
1. You can sell the house if you wish - its an option. (I'm presenting an option)Your post is confusing.
Are you making a statement or asking a question here?
What's "a landlord by default"?
The eviction ban effectively extended all valid notices so it's certainly possible.I'm not a lawyer but would guess the legally served notice couldn't be invalidated retrospectively.
Thank you, yes they are due a rent increase.Are they due a rent increase? Give them notice of the rent increase now if you have not already done so as this will devalue your property if the rent is kept low. This might bring them over their rental band they are in. They will need HAP to approve the increase but that is their concern not yours.
You may be asked to sign another contract but refuse as there is one there already. If the increase is not paid then give them the usual notice of late payment. If they do not pay the increase then give them notice of non payment.
Its on the RTB website.Thank you, yes they are due a rent increase.
Is there a template to inform tenants of the rent increase? Would you know by any chance please?
Thanks, I will check it out now.Its on the RTB website.
You can't as they automatically got a 6.5 year lease after the first 6 months. If they have arrears you can evict on that basis, or if you decide to sell the property or move in yourself.Hi, I am struggling to find any straight forward answer on RTB.ie on how to inform tenants that their lease is not getting extended?
Tenants finishing their second year in the property.
A HAP tenancy, tenants failed to pay tenants rent on a regular basis and every time I had to send Warning letters per RTB guidelines.
I do not have any bandwidth to run behind them looking for tenants rental contribution every month.
Therefore, decided not to extend the lease.
Can someone guide in plain English the procedure to inform tenants please?
Thanks
Dubliner
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