Thanks DB, that's what I thought but he already has his own house as do his adult kids. Maybe he can look at his options again, he's anxious to do everything by the book and scared of running into trouble with the RTB.Simplest solution is to say you want the property for your own use.
Doesn't matter; he can use the property to store his golf clubs if he wants.Thanks DB, that's what I thought but he already has his own house as do his adult kids. Maybe he can look at his options again, he's anxious to do everything by the book and scared of running into trouble with the RTB.
My understanding of it is if the property is not being occupied, (the person names on the statutory declaration is not living there) or moves out within 12 months, it must be offered back.No one can argue with 'own use' notice.
Just pointing out that use for storage as you're suggesting is not permitted under the legislation. The property must then be occupied by the party named on the declaration or offered back to the tenant.The point being that serving notice for own use can't be argued with.
You need to have a read of the legislation.You and your golf clubs can occupy the premises for one night a month if you want to; there's nothing in the declaration to say you have to live there full time.
Do you mean the previous tenant can dispute the notice - do they have a certain amount of time to raise a dispute after they have moved out? How exactly does that work please?Putting your golf clubs in the property does not constitute occupation, giving that word its normal and commonplace meaning.
There is plenty of scope to dispute an “own use” notice.
Tenants generally have 90 days from receipt of a notice of termination to refer a dispute over that notice of termination to the RTB.Do you mean the previous tenant can dispute the notice - do they have a certain amount of time to raise a dispute after they have moved out? How exactly does that work please?
Nobody said there was any requirement to stay in the property for any specific number of days or nights - that’s a straw man argument.Again, there is no requirement to stay in the property for any fixed number of days or nights.
Taking it that the declaration & notices have been properly drawn up & signed - tell me how you do you think it can be disputed by tenant?
Tell me how the tenant can demonstrate that?If a tenant can demonstrate that the landlord does not actually intend to occupy the property,
You’re just repeating your previous argument.There is no other specificity required; there is no false declaration here.
Nobody said there was any requirement to stay in the property for any specific number of days or nights - that’s a straw man argument.
If a tenant can demonstrate that the landlord does not actually intend to occupy the property, then the statutory declaration to that effect would be invalid and subject to challenge.
It’s actually a criminal offence to make a statutory declaration that is knowingly false.
Hang on, there was no mention of a son moving into the property in the OP. Where did he appear from?!Then if the house is being renovated for months, and if the landlord's family can't move in for 12 months for whatever reason, are you saying the the ex tenant has to be offered the house back before the son can move in?
Hang on, there was no mention of a son moving into the property in the OP. Where did he appear from?!
This really is very simple - if the landlord intends to renovate the property and has yet to decide whether or not to sell the property following the renovation, then renovation is the appropriate ground for termination.
There is really no need to dream up hypotheticals about the landlord’s future intentions or how a tenant might prove something.
If the landlord wants to do everything correctly, as per your OP, then he should proceed accordingly.
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