Notice to tenant - length of time? how to do?

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dubinamerica

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Hi - have a tenant in an investment property the last few years. We are now in the process of selling and initially she was keen to be agreeable regarding viewings on Sat morning. Now she's saying she never agreed to that and that she works!! Sat is the only good day for viewings from what I can see as it's when people are free.
Anyhow - I want to give her written notice so that we don't have any problem as we need access. There used to be a lease in place but no longer. What is the approriate length of time for the notice period?
Also - how should notice be written/delivered etc. Can it be handed to her or best given through registered post. Any examples of letters?
 
Check www.prtb.ie for notice periods. I would hand her the written notice so that there could be absolutely no confusion regarding the date she received it. It should state simply that the property is being sold and that the tenant has x amount of time to look for a new property. Have a date on the letter on which you will meet her to collect keys, give back deposit, etc. Without a lease I think about 8 weeks is reasonable.
 
thanks - my only concern would be if she then said that she never got the notice from us.. any ideas? could we ask her to sign something to confirm that it was received or something? Never been through this before and trying to cover the bases as I don't want any hassle. I'm actually happy to keep her there but as she's messing us around now about viewing i want to err on the side of caution.
 
Are you talking about notice to vacate the premises for good or notice of specific viewings that you are arranging?
 
The Notices required under the Act do not need to be delivered in a particular way. You can post, hand deliver, registered post it etc.

You will need to ascertain exactly how long she has been there so as to figure out the amount of notice that is required. Make sure you follwo the PRTB guidelines exactly.
 
She moved into the propery at the end of February 2003. From what I can see on the PRTB site, the cycle is 4 years and then tenance recommences (v. odd but that seems to be what is outlined). If so then new tenancy is less than one year old, so 35 days notice seems ok..any comments?? Clubman - I want to give her notice to leave the property.I'd rather have it empty so that we can have viewings than be spending ages trying to get an hour here or there. It's a risky move I know but would like to make house available for viewings.
 
If anyone has any comments on the lenght of notice i'd appreciate it as I plan on serving notice tomorrow but will be doing up the notice tonight.
 
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NOTICE OF TERMINATION OF TENANCY​
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TO: [ ] (“the Tenant”)
and any other person in possession of the property described below.

RE: [ ]
(“the Property”).

SERVED ON BEHALF OF: [ ]
(“the Landlords”)

TAKE NOTICE that on the [ ]day [ ] of [ ] 2008.*

(i) your tenancy in the above property shall be terminated; and

(ii) you must vacate the Property and give up possession of it (you are entitled to the whole 24 hours of that day to vacate the Property)

For the following reasons:

(a) The Landlord intends within three months after the termination of the Tenancy to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of their interest in the dwelling.

Any issue as to the validity of this Notice or the right of the Landlord to serve it must be referred to the Private Residential Tenancies Board within 28 days from the date of receipt of it.

This Notice is served by leaving it at the address at which the Tenant ordinarily resides on the [ ] day of [ ] 2008.

Signed by the Landlord/ on behalf of the Landlord:



_______________________


* Add 5 days to the period as set out in the Residential Tenancies Act to be sure that there tenant has the proper notice period.
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dubinamerica said:
She moved into the propery at the end of February 2003. From what I can see on the PRTB site, the cycle is 4 years and then tenance recommences (v. odd but that seems to be what is outlined). If so then new tenancy is less than one year old, so 35 days notice seems ok..any comments?? Clubman - I want to give her notice to leave the property.I'd rather have it empty so that we can have viewings than be spending ages trying to get an hour here or there. It's a risky move I know but would like to make house available for viewings.
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I think it is 112 days. from the PRTB's own booklet.


NOTICE PERIOD
DURATION OF TENANCY NOTICE PERIOD
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
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4 or more years 112 days
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Having read the Act again, what happens when the 4 years are up is that a "further part 4 tenancy" arises. The landlord can serve a notice of termnination (for no reason) within the first 6 months of the further part 4 tenancy but has to give the 112 days. After the 6 months is up, there have to be valid grounds for termination and the period has to be 112 days.
 
I always find it is a good idea to get them to sign the letter to prove they have recieved it....thats if she is willing. If nt it would be worth sending by registered mail
 
Stifster said:
After the 6 months is up, there have to be valid grounds for termination and the period has to be 112 days.
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I think if you are selling up, the 112 days does not apply.

dubinamerica, why not reach an agreement with the tenant and give them a discount on the rent in return for allowing you to arrange viewings for saturday mornings? you could end up waiting a while to sell the property and continuing to receive rental income would take some of the pressure off.
 
webtax said:
I think if you are selling up, the 112 days does not apply.

dubinamerica, why not reach an agreement with the tenant and give them a discount on the rent in return for allowing you to arrange viewings for saturday mornings? you could end up waiting a while to sell the property and continuing to receive rental income would take some of the pressure off.
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I'll have a read of it again tomorrow but i still think that all the fact that the OP wants to sell does is give him the right to terminate the lease. The amount of notice he has to give depends on the length of occupation.

I'd second your point on agreeing the discount!
 
great - thanks for the pointers. The rent hasn't been increased in the 4 years that the tenant has been in the house so she's already getting a good deal but that may be a way to go. My only concern would be that she'd start to expect discounts if she has other viewings and so on as in discounts for each viewing and stuff like that. I'll think about that and maybe offer 10% off the rent on condition that there's 2 hours made available every Sat or something along those lines.. As was mentioned house could be sitting there for months waiting to be sold..
 
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