Residential 6 month lease - what happens at end of the term?

[Learner2015]

Hi all.

If a landlord rents a property on a 6 month lease and at the end of this period does not want the tenants to stay and does not want them to acquire part 4 tenancy rights what does the landlord need to do?

Does the end of the 6 month lease simply mean the tenants move out or does the landlord have to give notice before the end of the 6 months?

 

[smarts]

I am just looking into this also, realizing I completely misunderstood it all.

According to the RTB:
"A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term."

So my understanding is that it is better not to have a fixed term lease since it is more difficult for the landlord to terminate the Part 4 tenancy. The tenant always benefits from the regulations regardless of the fixed term.

 

[SqueezedMiddle]

Waste of time for a landlord having a lease.
The only thing a lease does is ties the landlord. The tenant can ignore a lease and nothing happens. The landlord can't.

Just tell the tenant they have to be out in six months. After month 3 give them their notice and a move out date before the 6 months.

If the tenant chooses to ignore his and stop paying rent there is nothing you can do about it.

Better to advertise on Airbnb or something like it and let them book a month at a time, but don't let anyone book more than 5.5 months.

 

[Sarenco]

Does the end of the 6 month lease simply mean the tenants move out or does the landlord have to give notice before the end of the 6 months?

If a tenant wishes to remain in occupation after the fixed term, the tenant must notify the landlord of his or her intention. This must be done not later than one month before the expiry of the fixed term tenancy nor any sooner than three months before it expires. If the tenant fails to do so and the landlord has suffered a loss as a result, the landlord may refer a dispute to the RTB.

Once a fixed term tenancy comes to an end, in circumstances where the tenant remains in occupation and the landlord subsequently wishes to terminate the tenancy, the landlord can rely on the provisions of Section 34 to terminate the tenancy, as the fixed term has come to an end.

If you want to avoid Part 4 tenancy rights accruing, you need to ensure that the tenant is not in continuous occupation for 6 months or more (6 months less one day would be fine).

There is no point giving three months notice prior to the expiry of the fixed term as suggested - it would be completely ineffective.

 

[Sarenco]

If the tenant chooses to ignore his and stop paying rent there is nothing you can do about it.

That is patently untrue.

 

[Firefly]

Better to advertise on Airbnb or something like it and let them book a month at a time, but don't let anyone book more than 5.5 months.

That's very clever. Rent the house via AirBnB on a rolling short-term basis. I'm saying it's ethical or anything, but clever none the less.

@Sarenco, if a tenant rented a house on a rolling one-month basis, after 6 months could they claim to be a tenant with normal rights or could the landlord argue that each contract to rent was separate?

 

[Sarenco]

Part 4 rights vest where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months and a "tenancy" includes a periodic tenancy. So, no, breaking a lease up as suggested wouldn't prevent Part 4 rights arising.

 

[cremeegg]

If the tenant chooses to ignore his and stop paying rent there is nothing you can do about it.

That is patently untrue.

Other than refer a dispute to the RTB, which does not enforce its decisions, what can a landlord do.

"there is nothing you can do" seems to me a reasonable summary of the situation. I would be delighted to hear otherwise.

 

[Sarenco]

Where the terms of an RTB determination order have not been complied with within the specified timeframe, a party can opt to enforce their own determination order through the Circuit Court under Section 124 of the Residential Tenancies Act 2004.

Alternatively, a party can apply to the RTB to initiate enforcement proceedings against the other party. Such proceedings can ultimately result in a criminal conviction being secured against them by the RTB. All judgements are registered and thus are likely to affect the person’s credit rating, employment prospects and visas for foreign travel.

Other than refer a dispute to the RTB, which does not enforce its decisions, what can a landlord do.

Not true.

I am personally aware of a number of recent cases where the RTB has initiated enforcement proceedings against a tenant who has not complied with an RTB determination order.

In one such case, it is looking increasingly likely that the tenant in question will be facing committal proceedings (i.e. jail time) for failing to comply with a court order.

 

[cremeegg]

If a landlord secures an eviction order from the RTB, they can then ask the circuit court to endorse the order. Which order will not be enforced by the Garda I believe, and cannot legally be enforced by the landlord.

That tenant still has no practical obligation to leave.

 

[Sarenco]

If a landlord secures an eviction order from the RTB, they can then ask the circuit court to endorse the order. Which order will not be enforced by the Garda I believe, and cannot legally be enforced by the landlord.

Technically the RTB cannot grant an eviction order - they can only make a determination order on a dispute submitted to it.

If the RTB determines that a tenant is over holding then the RTB (or the landlord himself) can seek an eviction order from the Circuit Court.

From that point, the order can go to the appropriate sheriff for enforcement or the RTB/landlord can commence contempt of Court proceedings.

Ultimately, the Court can issue a bench warrant if the tenant continues to ignore its order.

Are you suggesting that the Gardai wouldn't enforce such a bench warrant? That's not my experience.

The whole process takes too long - there's no doubt about it. That's why we are seeing landlords who have not exited the property rental business starting to look for security deposits equivalent to two months' rent.

However, to say that there is nothing a landlord can do if a tenant does not pay his rent is simply untrue.

 

[cremeegg]

Technically the RTB cannot grant an eviction order - they can only make a determination order on a dispute submitted to it.

This determination on its own is just a piece of paper, it does not evict the tenant.

If the RTB determines that a tenant is over holding then the RTB (or the landlord himself) can seek an eviction order from the Circuit Court.

So now we convert one piece of paper, an RTB determination, into another piece of paper an Eviction Order from the Circuit court.

From that point, the order can go to the appropriate sheriff

So finally we are seeing a mechanism to convert a piece of paper into action. Does the Sheriff automatically act on the Court Order and evict the tenant ? Or does the landlord have to do something further to prompt the Sheriff to act. What time frame is involved

or the RTB/landlord can commence contempt of Court proceedings.

Under what circumstances would a landlord go down this road, rather than rely on the Sheriff. If this procedure is necessary under what circumstances will the landlord be able to rely on the RTB to initiate it or when will the landlord have to act themselves. What costs are involved for the landlord.

Ultimately, the Court can issue a bench warrant if the tenant continues to ignore its order.

In my experience judges are slow to issue bench warrants in civil cases, although they certainly do not like their orders to be ignored.

Would this involve any form of rehearing, for example, if the tenant brought new evidence to the court opposing this, for example, the tenant cannot be expected to vacate as they are now pregnant, ill, whatever.

Are you suggesting that the Gardai wouldn't enforce such a bench warrant? That's not my experience.

I was suggesting that Gardai would not evict a tenant on foot of a Circuit Court eviction order.

As to enforcing a bench warrant, I am certainly aware of situations where Gardai have taken a very relaxed attitude to enforcing a warrant. And those were in criminal cases, I would think it would be very relaxed indeed in a civil matter.

The whole process takes too long - there's no doubt about it. That's why we are seeing landlords who have not exited the property rental business starting to look for security deposits equivalent to two months' rent.

However, to say that there is nothing a landlord can do if a tenant does not pay his rent is simply untrue.

Without significantly disputing your facts, I completely disagree with your conclusion. All the above points clearly, in my view, to the idea that if a tenant does not pay his rent there is nothing a landlord can do.

You seem very well informed on this and I an genuinely interested in the above questions, especially how the sheriff is prompted to act.

 

[Sarenco]

I completely disagree with your conclusion. All the above points clearly, in my view, to the idea that if a tenant does not pay his rent there is nothing a landlord can do.

Grand so.

I've already explained the legal remedies that are available to a landlord in this scenario but you have clearly made up your mind that these remedies are ineffective.

Incidentally, if you do have evidence that the Gardai are not executing bench warrants in a timely manner (which I do not believe to be the case), I would urge you to make a complaint to GSOC.

 

[cremeegg]

I've already explained the legal remedies that are available to a landlord in this scenario but you have clearly made up your mind that these remedies are ineffective.

You have explained the legal remedies, and thank you for that. It is useful to see the process outlined.

However there are a number of areas where I am still in the dark.

Where a landlord secures an RTB detrmination and a Circuit Court Eviction order, what happens then.

Will the sheriff act, what is needed to prompt him to act, does he act automatically once the eviction order is issued, is it the responsibility of the landlord to get the sheriff to act, does the RTB have a role in getting him to act.

I would be glad to have this process explained if you, or anyone else, knows how it works.

 

[Firefly]

Part 4 rights vest where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months and a "tenancy" includes a periodic tenancy. So, no, breaking a lease up as suggested wouldn't prevent Part 4 rights arising.

Thanks!