# How to get rid of tenants



## Manuel (8 Apr 2011)

Hi,
Got myself in a bit of a scrape by not doing sufficient research before letting my house. Now it seems I've ended up with a bad'un.

Next-door neighbour has since done more local research than I did and found out enough unsavoury details for me to want rid.

Just wondering how to go about it.

I don't have a signed lease, maybe another mistake, I'm not sure yet.

I'm tempted to just ask them to leave but I suspect my troubles might be  only starting then!

I'll see what's on the PRTB site, but in the meantime any tips from experience would be welcome.

Sorry, don't want to go into too much detail.

Thanks,
/M.


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## Ravima (8 Apr 2011)

how did you manage to let it without a lease? on what terms is is let to the tenant? Is the tenancy registered with PRTB?


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## Manuel (8 Apr 2011)

I checked the Tenancy Act:

"The landlord can terminate without specifying grounds during the first 6 months."

Well I have that in my favour at least. Now I just have to figure out how to ensure that my house and contents will survive the 28 days of notice ....

I'd really appreciate any advice from anyone who's been through this as a landlord, in order to try to get it done as smoothly as possible.

To answer you:
A lease agreement is optional in my experience, though it's probably recommended.
The basic terms were verbal: 1 month deposit, pay on 1st Wed of month, 4 weeks notice to quit, that sort of thing.
It's registered with the PRTB, so I gave him the tenancy form filled in and I registered it online.


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## norejon (8 Apr 2011)

Just be careful , make sure notice of termination is served and written correctly ( Check Prtb site for same ). Just going thru this myself. and had to get PRTB involved due to overholding , they favor tenant and their administrative paper work takes forever ,


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## mercman (8 Apr 2011)

Just tell them that you are finding things very tough and you are putting the house on the market for sale and they will have to vacate.


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## Manuel (9 Apr 2011)

Hi,
I did search this forum for more information, but I still have a question please:

On the PRTB registration form, there is a question:

If a lease agreement applies to this tenancy please indicate the term.

I wrote "12 months" in the box.

Now we haven't actually drawn up a lease agreement. I went as far as printing out two copies from the internet, but didn't yet fill and sign it. The deposit was coming in stages, and I didn't want to formalise the lease until it was all paid up.

So is this officially a part 4 tenancy, despite what I wrote on the registration form?

Thanks a million.
/M.


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## DingDing (9 Apr 2011)

You need to register it with the prtb.


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## shesells (9 Apr 2011)

DingDing said:


> You need to register it with the prtb.



The OP has already said they completed the PRTB forms..


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## delgirl (10 Apr 2011)

mercman said:


> Just tell them that you are finding things very tough and you are putting the house on the market for sale and they will have to vacate.


This is good advice.  We did this a few years ago when we had problems with a tenant who was having parties 3 or 4 times a week and when the neighbours complained, he told them where to go.

We told him we were selling the house, gave notice and he moved out.


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## Manuel (10 Apr 2011)

Thanks a million for the advice.

Regarding the Termination Notice, one poster told me to be careful ...

Could anyone help with what is 100% proper and required? I want the clock to start ticking when I give notice and I want to be sure everything is above board. Does the serving of the termination notice have to be witnessed by a third party or anything like that? Do I need to inform the PRTB before I serve it, or at any time?

I'd really appreciate any further help. Apart from PRTB, is there any other body that can go to for advice on this, such as Citizen's Information?

Thanks again for your help.


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## Berni (11 Apr 2011)

You can see a sample notice here
[broken link removed]

Follow that wording, particularly about the right to appeal it to the prtb, and you should be grand. 
For delivery, by registerd post or by hand are best.


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## bugler (11 Apr 2011)

The lack of a signed lease is in your favour. 



> So is this officially a part 4 tenancy, despite what I wrote on the registration form?



Part 4 doesn't apply until the tenancy has lasted 6 months. So you can terminate with 28 days notice. The form you filled out is not accurate per se, as there is no 12 month term, though the PRTB has held a fixed term tenancy can exist without being specified in writing.

Serve 28 day notice of termination via registered post, and then hope:

1. They leave.
2. They don't have the place wrecked.


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## Manuel (12 Apr 2011)

Thanks very much for all the help.

One more question, which I hope is not too foolish:

I think I read a post which advised serving the notice in person and then following it up with a registered letter.

This sounds like good advice to me but I guess the registered letter needs to have a later date of service than the one I serve in person?

So I plan to put 29 days notice on the first one and then send the registered letter the same day stepping the date of service to the next day with the same termination date. That sound ok?

Thanks again.

P.S. How is a registered letter so water-tight? Would he not have to sign for it in order for me to prove he received it, or it just that An Post can confirm they delivered it to the house? Pardon my ignorance ...


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## bugler (12 Apr 2011)

It's really about proving you delivered it to the persons known address. No one can compel someone to actually read anything, having it addressed to him and then delivered at his address is as good as it gets. Assuming he resides there, there is little good reason he would not get to read it.

Personally I'm not sure I see the point in two letters. I'd call him up, and be nice and breezy about it - "Sorry, I have to sell up. You have 28 days notice. Just to be formal about it I'll be sending on a letter to the house, apparently you're meant to do that. Just so you're not surprised when it arrives." Or else email.

Then have the formal notice delivered the next day.


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