# Landlord wants us out/What can we do



## Wee_one (25 Nov 2008)

Hi, I would really appreciate any advice anybody can give. Basically I have lived in a house share situation with 3 other people for over 6 months. The landlord as far as I know is unregistered and we have no lease, this evening we got a text from the landlady that she was giving us 1 months notice to leave as she wants to move a family into the house. Can she do this? we don't want to move out. we don't owe any rent, house is fine. she wants us out as she is having trouble renting one room and wants to rent as a unit to family. thanks


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## z105 (25 Nov 2008)

Talk to the PRTB, is the landlord registered? if not, why not, they are obliged by law to register and new tenancy within 1 month of the new tenancy.


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## j26 (25 Nov 2008)

If you've been there over 6 months you have a Part 4 tenancy under the Residential Tenancies Act 2004.

There are some grounds for termination, so if she wants to put in a member of her family she can terminate your tenancy, but not just so she can let it to other people.


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## bankrupt (25 Nov 2008)

Don't bother talking to the PRTB, talk to Threshold (www.threshold.ie) instead.   You say that the landlord wants to move in "a" family rather than their own family, the distinction is important as they are only allowed to terminate a tenancy for immediate family.  The minimum notice period for a part 4 tenancy is 42 days and should be in writing, a text is not acceptable.


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## PaddyW (25 Nov 2008)

If the landlord is unregistered, wouldn't the threat of any action put them in a bad situation i.e. if unregistered probably not paying tax on the rent received? 

Just wondering on this, so don't take offence anyone please!


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## j26 (25 Nov 2008)

bankrupt said:


> Don't bother talking to the PRTB, talk to Threshold (www.threshold.ie) instead.   You say that the landlord wants to move in "a" family rather than their own family, the distinction is important as they are only allowed to terminate a tenancy for immediate family.  The minimum notice period for a part 4 tenancy is 42 days and should be in writing, a text is not acceptable.



Ah, reporting it to PRTB as well would tie the thing in knots for years .  The OP would probably be ready to move (possibly into a retirement home) by then


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## Raskolnikov (26 Nov 2008)

It looks like a months notice is adequate for a tenancy of this duration (threshold.ie).

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

Also worthy of note, a text message does not count as giving notice. The landlord is legally obliged to provide _written_ notice. 

You could be pedantic and fight them on this point, other than that though, there's nothing stopping the landlord from giving you the notice they have given.


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## MrMan (26 Nov 2008)

PaddyW said:


> If the landlord is unregistered, wouldn't the threat of any action put them in a bad situation i.e. if unregistered probably not paying tax on the rent received?
> 
> Just wondering on this, so don't take offence anyone please!



Not really they can just register late for €140 and say that they forgot or whatever.


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## MrMan (26 Nov 2008)

If a tenant reports it to the prtb it will get seen to pretty quickly if a landlord does it don't expect a reply within 12 months.


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## bankrupt (26 Nov 2008)

Raskolnikov said:


> other than that though, there's nothing stopping the landlord from giving you the notice they have given.



Absolutely wrong.  After 6 months the landlord CANNOT serve notice except in particular circumstances (one of which is certainly not because they would prefer to have a family as tenants!).


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## MrMan (26 Nov 2008)

bankrupt said:


> Absolutely wrong.  After 6 months the landlord CANNOT serve notice except in particular circumstances (one of which is certainly not because they would prefer to have a family as tenants!).




They can if its immediate family and not a fixed term lease.


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## SteH (26 Nov 2008)

Obviously you would prefer to stay in the place but why not just leave? It's a good time to look for a new place as landlords are willing to negotiate... and always go with a registered landlord and get yourself a lease, otherwise....


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## Stifster (26 Nov 2008)

Raskolnikov said:


> Also worthy of note, a text message does not count as giving notice. The landlord is legally obliged to provide _written_ notice.
> 
> You could be pedantic and fight them on this point, other than that though, there's nothing stopping the landlord from giving you the notice they have given.


 
I argued that point before an adjudicator in PRTB on behalf of a landlord. I knew i was up against it but it took him a few months to make his mind up on the issue! 



> ... and always go with a registered landlord and get yourself a lease, otherwise....


Otherwise what? (as a matter of interest) Being unregistered causes more difficulties for landlords than their tenants.


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## enoxy (3 Dec 2008)

Ask for a free 2 months rent period so you can sort out alternative accomodation.


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## mangos (3 Dec 2008)

*Re:Taking on the PRTB*

HI

Anyone interested in joining me in writing to Cork Labour TD Ciaran Lynch regarding the haphazard manner in which the PRTB is working?  He is Labour spokesperson on housing and might be a great deal better than the cronies currently supporting this idiotic board.

Mangos


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