Government approves legislation to provide for temporary stay on tenancy terminations

Well, the press release states that -

"The legislation will also cover licences/tenancies in student specific accommodation and student tenancies in the general rental market."

I don't think that's meant to include digs or rent-a-room scenarios but we will have to wait for the legislation to be sure.
 
It would be sensible to allow an exemption for landlords who are willing to sell to the local authority - that gives an option out and may also wake the govt up to the future capital cost to the state of providing rented property - RTB could publish the number of termination notices with this exemption and then someone in Govt could do the math for the cost to do the buyout.
 
But what does "take effect" mean here?

A notice of termination can still be served, but it cannot take effect during the winter emergency period.
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Suppose you have a tenancy that's lasted already between one and seven years and are obliged to give 180 days notice. You serve a termination of tenancy on 20 December 2022, exactly 180 days before 18 June 2023.

Does the tenant have to vacate by 18 June 2023 at the latest? If so there won't be much real impact as the vast majority of tenancies have lasted between one and seven years where the notice period is already 180 days. So for anyone planning to serve a termination of tenancy next week in effect it is being delayed from mid-April to mid-June.
 
I think it’s interesting that the media keep calling this proposed legislation an “eviction ban”. It’s nothing of the sort.

If I validly terminated a tenancy some time ago and secure an Eviction Order from the Courts, there’s nothing to stop the Sheriff executing that order on Christmas Eve.

The more I think about it, the more I’m convinced that this proposed legislation is totally daft. All it’s going to do is defer terminations and amplify the number of tenancies that terminate next Spring. What does that achieve?
 
This is only step 1. The “moratorium” will be extended in April as it will be politically difficult not to do so. Government will roll the dice on a constitutional challenge. By the time this makes it way through courts, SF will be in power and running a referendum on right to housing…..paving pathway to permanent tenancy. This is how this is going to play out.
 
But regardless of whether this plays out or not, I’m about to ignore the first 10 calls from my tenants on all issues. The boiler will give up at some stage. That’s what this legislation will achieve.
 
I think it's clear the government want to reduce the number of small landlords from the market, but not immediately.
This is why incentives to stay are not being offered, long term they don't want them to stay.

The saving grace is that the interests of small landlords are aligned with the REITs and the developers and the measures announced from the CBoI are going to support prices you'd imagine while landlords are prevented from selling.

So an orderly exit around current price levels over the next couple of years might be possible, but who knows.

It will be small comfort to some of the people with a pressing need to sell or move back to their property for any reason.
 
Hello I have issued notice to my tenants which is up to the 25th of October, as they could not secure accommodation I did offer them them to stay until the 11th December, this offer was verbal and a text sent, to which they have not acknowledged. Will this eviction ban affect me as I did say they could stay until the 11th December. ( Hoping not as I am gone sale agreed on the house). Appreciate any replies on this.
 
annduf said:
Hello I have issued notice to my tenants which is up to the 25th of October, as they could not secure accommodation I did offer them them to stay until the 11th December, this offer was verbal and a text sent, to which they have not acknowledged. Will this eviction ban affect me as I did say they could stay until the 11th December. ( Hoping not as I am gone sale agreed on the house). Appreciate any replies on this.
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If they don't have anywhere to go on December 11th my interpretation would be that you can't make them leave. The spirit of this is no no-fault evictions over the winter, what you describe seems to be exactly what they brought this in to prevent. In this case your flexibility on the original date is being punished. Tenants are probably well aware of their rights now to stay until April at the earliest. But maybe you should seek some legal advice, sorry to hear about this. It sounds like you would be a good candidate for a property rights test case/legal action.
 
annduf said:
Hello I have issued notice to my tenants which is up to the 25th of October, as they could not secure accommodation I did offer them them to stay until the 11th December, this offer was verbal and a text sent, to which they have not acknowledged. Will this eviction ban affect me as I did say they could stay until the 11th December. ( Hoping not as I am gone sale agreed on the house). Appreciate any replies on this.
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Get legal advice and get your ducks in a row immediately. I wouldn't even be disclosing what you've posted here in case you're inadvertently forewarning others at your expense.
 
annduf said:
Hello I have issued notice to my tenants which is up to the 25th of October, as they could not secure accommodation I did offer them them to stay until the 11th December, this offer was verbal and a text sent, to which they have not acknowledged. Will this eviction ban affect me as I did say they could stay until the 11th December. ( Hoping not as I am gone sale agreed on the house). Appreciate any replies on this.
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Consider pivoting the arrangement from Tenancy to a Licensee arrangement on the original termination date.
Take up Residence in a room in the house yourself & come & go with your own key & use the common areas.

Once your generous extension has been reached then the now Licensees move on.
Of course they'll need to buy in to this arrangement.
 
MrViking said:
But regardless of whether this plays out or not, I’m about to ignore the first 10 calls from my tenants on all issues. The boiler will give up at some stage. That’s what this legislation will achieve.
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That's classy, says a lot about your attitude to other people.
 
annduf said:
Hello I have issued notice to my tenants which is up to the 25th of October, as they could not secure accommodation I did offer them them to stay until the 11th December, this offer was verbal and a text sent, to which they have not acknowledged. Will this eviction ban affect me as I did say they could stay until the 11th December. ( Hoping not as I am gone sale agreed on the house). Appreciate any replies on this.
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I could be wrong and the advice to get advice is sound - but you're not issuing a standard "no-fault" eviction, you're evicting because the property is sold/in process of being sold.
 
dereko1969 said:
I could be wrong and the advice to get advice is sound - but you're not issuing a standard "no-fault" eviction, you're evicting because the property is sold/in process of being sold.
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That is still a no-fault eviction, the majority of termination notices recently are because properties are being sold. No-fault eviction is anything outside of the tenant not paying or doing damage/anti social behaviour etc.
 
annduf said:
Hello I have issued notice to my tenants which is up to the 25th of October, as they could not secure accommodation I did offer them them to stay until the 11th December, this offer was verbal and a text sent, to which they have not acknowledged. Will this eviction ban affect me as I did say they could stay until the 11th December. ( Hoping not as I am gone sale agreed on the house). Appreciate any replies on this.
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Assuming the notice was validly issued, the tenancy will terminate on 25 October. Thereafter, you are allowing the former tenants to remain in occupation as mere licencees until 11 December. So, no, I don't think the proposed Bill will have any impact on you (although we would have to see the draft Bill to be certain).

Of course, none of that guarantees that you will actually get vacant possession on 11 December. The only way to legally do that is to get an Eviction Order from the Courts, having completed the RTB palaver, and then wait for the Sherriff to execute same. That process typically takes around two years to complete.

Despite what is reported in the press, this proposed legislation actually has nothing to do with evictions - it will simply defer the termination of tenancies over the stated period.
 
Sarenco said:
Assuming the notice was validly issued, the tenancy will terminate on 25 October. Thereafter, you are allowing the former tenants to remain in occupation as mere licencees until 11 December. So, no, I don't think the proposed Bill will have any impact on you (although we would have to see the draft Bill to be certain).

Of course, none of that guarantees that you will actually get vacant possession on 11 December. The only way to legally do that is to get an Eviction Order from the Courts, having completed the RTB palaver, and then wait for the Sherriff to execute same. That process typically takes u to two years to complete.
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Sounds even more important to get legal advice and communicate this clearly with the tenants, get a letter from your solicitor if possible. They will need references if renting again so it's in everyone's interests to try to come to some arrangement. What you don't want is them giving up on even looking for a new place because they think that a blanket eviction ban means that they can stay until April or June, so a letter outlining that might be useful.
 
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