Landlord ending tenancy advice plz

[RETIRED2017]

This discussion is a prime example why landlords are fleeing the rental sector and also resolves the mystery of why the numbers of properties being made available to renters is continuously shrinking.

What goes around comes around.

It is also a prime example of how we view loopholes that can be taken advantage of ,I would be on the side of the LL ,Find a loophole in the tax system to pay less tax good ,telling someone of there statutory rights bad ,

 

[Sarenco]

This discussion is a prime example why landlords are fleeing the rental sector and also resolves the mystery of why the numbers of properties being made available to renters is continuously shrinking.

RTB data shows a contraction of the number of private residential tenancies from 325,372 in 2015 to 313,000 tenancies in 2017.

In my opinion, this is largely due to the crazy RPZ regime.

But that's hardly the OP's fault

 

[T McGibney]

.

But that's hardly the OP's fault

It's clearly not their fault but I'd submit that the common resort to legalities for at best marginal advantage, as recommended here by some others, is contributing to the mess.

It takes real talent to generate such a contraction, in the midst of an economic boom.

 

[Bronte]

You have gotten on well with the landlord for 2 years. He has issued you with a notice to end the tenancy. Fair enough this should have been 56 days notice and not 28 days, that was a mistake by the landlord. But what exactly are you hoping to gain from going down the route of the RTB?


You are annoyed that your tenancy is ending, fair enough, but its the landlords property and he/she can do with it as they want. .

They were on friendly terms and the least the landlord could have done is spoken to the tenant. Not issue them with a scary notice without warning. And this is not a minor mistake. There is a big difference between one month and nearly two. Especially given the market. And it's the landlords obligation to issue a correct notice, correct time period and comply with the rules as regards relations.

And you're way wrong there suggesting the property is something the owner can do whatever they want with. That's not the law as tenants have rights. And rightly so.

 

[Sarenco]

They were on friendly terms and the least the landlord could have done is spoken to the tenant. Not issue them with a scary notice without warning. And this is not a minor mistake. There is a big difference between one month and nearly two. Especially given the market. And it's the landlords obligation to issue a correct notice, correct time period and comply with the rules as regards relations.

And you're way wrong there suggesting the property is something the owner can do whatever they want with. That's not the law as tenants have rights. And rightly so.

My sentiments exactly @Bronte.

 

[LS400]

Yes, The LL should have gone about this saga in a much better way, He didnt, and as so, the LL will be / or could be severely punished. Not speaking to the tenant is not a crime either, again, it would have been the right thing to do, but he/they didnt..

The punishment for this is way out of kilter for what can happen.

 

[Sunny]

This discussion is a prime example why landlords are fleeing the rental sector and also resolves the mystery of why the numbers of properties being made available to renters is continuously shrinking.

What goes around comes around.

It's not really though is it unless I have missed headlines about 'Landlords unable to evict renters on short notice to move in some sort of family member'. There are plenty of other reasons why landlords are fleeing the market but this isn't one. The landlord is expected to give proper notice. The renter is expected to leave when due to and leave the property as they found it. I don't think it is unreasonable for either side to insist on the other party fulfilling their obligations.

 

[Bluecup]

Hi thank you so much for the advice,I really appreciate it.Its just time im trying to get now I've no interest in anything else..

If it's time you are interested in, hold off on lodging with the RTB until closer to the end of the 28 days. If you lodge now you will lose a few weeks that you might have found helpful once you start looking for a new place.

 

[T McGibney]

It's not really though is it unless I have missed headlines about 'Landlords unable to evict renters on short notice to move in some sort of family member'. There are plenty of other reasons why landlords are fleeing the market but this isn't one. The landlord is expected to give proper notice. The renter is expected to leave when due to and leave the property as they found it. I don't think it is unreasonable for either side to insist on the other party fulfilling their obligations.

Its hard to argue that the increasing burden of obligations that didn't exist a few years ago, together with the increasingly legalistic processes that surround them, aren't having an effect on availability though.

The basic laws of economics must kick in some time.

 

[Sunny]

Yes, The LL should have gone about this saga in a much better way, He didnt, and as so, the LL will be / or could be severely punished. Not speaking to the tenant is not a crime either, again, it would have been the right thing to do, but he/they didnt..

The punishment for this is way out of kilter for what can happen.

Hardly severely punished is he? He is not going to jail. There is nothing stopping the landlord from issuing proper notice now even if the OP goes to the RTB.

 

[Sunny]

Its hard to argue that the increasing burden of obligations that didn't exist a few years ago, together with the increasingly legalistic processes that surround them, aren't having an effect on availability though.

The basic laws of economics must kick in some time.

I agree with that and was the reason I got out (and people quoting legislation at me when I told them it would take me 24 hours to locate a plumber to fix a tap).

 

[LS400]

If it's time you are interested in, hold off on lodging with the RTB until closer to the end of the 28 days. If you lodge now you will lose a few weeks that you might have found helpful once you start looking for a new place.

Hardly severely punished is he? He is not going to jail. There is nothing stopping the landlord from issuing proper notice now even if the OP goes to the RTB.

You see the mentality now?

 

[Sarenco]

The punishment for this is way out of kilter for what can happen.

You can certainly take the view that the legislation does not strike an appropriate balance between the legitimate property rights of landlords and the objective that tenants should have reasonable security of tenure.

In that case you will no doubt be delighted to hear that the Social Democrats (apparently with the support of FF) are proposing that notice periods for terminating tenancies should be further extended…

https://www.askaboutmoney.com/threa...-provides-for-enhanced-tenants-rights.206893/

 

[LS400]

In that case you will no doubt be delighted to hear that the Social Democrats (apparently with the support of FF) are proposing that notice periods for terminating tenancies should be further extended…

And I could accept that, but not with the ridiculous system for regaining your property for non payment / over holding etc being heaped on the LL also.

 

[The Horseman]

You can certainly take the view that the legislation does not strike an appropriate balance between the legitimate property rights of landlords and the objective that tenants should have reasonable security of tenure.

In that case you will no doubt be delighted to hear that the Social Democrats (apparently with the support of FF) are proposing that notice periods for terminating tenancies should be further extended…

https://www.askaboutmoney.com/threa...-provides-for-enhanced-tenants-rights.206893/

And queue more landlords exiting the market resulting in less bed spaces in the rental market.

 

[Thirsty]

And you're way wrong there suggesting the property is something the owner can do whatever they want with.

Codswallop.

I bought it, I paid for it, I maintain it, I insure it, I pay taxes on it, I hold the deeds on it.

I can sell it, rent it, leave it empty, store my golf clubs in it.

It is absolutely my property and I can do what I choose whilst keeping to the law like every other citizen in this country.

 

[cremeegg]

You can certainly take the view that the legislation does not strike an appropriate balance between the legitimate property rights of landlords and the objective that tenants should have reasonable security of tenure.

As a landlord my concern is not with the balance struck between the rights of the landlord and the tenant, but with the difficulty faced by landlords in enforcing those rights which they do have.

Even where a valid notice has been issued, if the tenant does not move out, there is no mechanism available to a landlord to gain possession of their property in any reasonable period of time. That is the case even if the tenant is not paying rent.

 

[Sarenco]

I can sell it, rent it, leave it empty, store my golf clubs in it.

100% correct.

But as soon as you enter into a tenancy agreement in respect of that property you must have regard for the legislation governing residential tenancies.

I'm pretty sure that was Bronte's point.

 

[Bronte]

Yes Sarenco. I respect tenants rights. And I agree with them having rights and security of tenure. But like cream Egg I think us landlords should have rights too as regards non paying tenants. Particularly as we seem to have zero rights where a tenant damages property and plays the system.

And I highly susoect this case on this thread is rent related rather than relation moving in.

But as someone caught in this new rent zone bind I can totally understand, I'm now, in the past two years, forced into increasing my rents, something I never ever did for sitting tenants.

 

[Zenith63]

@SashaNiG I would just echo what some others have said here. As somebody who began renting out an apartment for the first time last year, all the requirements can be fairly daunting and frankly kinda scary, for the very reason that some posters here are suggesting you go from "good tenant" to "filing complaints and trying to stay in the place as long as possible". I 1000% agree your landlord has been a complete dick by just sending a letter without calling you first and discussing it, however my feeling on it is that it is their property at the end of the day and if they want you out it is only a matter of time so why bother trying to force it to eek out a few more months. You'll spend that time seriously stressed out wondering what is coming next (landlord maybe calling, knocking at the door, no reference to move on, issues with getting your deposit back, whatever) - it's very easy for posters here to tell you to do it sitting behind their keyboard in the comfort of their homes, but life is too short to put yourself through that.

My suggestion is as per somebody else above; call the landlord, say upfront that you were disappointed after having a good relationship that they would send a letter like that unannounced and written with such a tone, but that you want to move on from it. Then state that the notice clearly isn't valid but you're not going to report it to the RTB and to drag it out for months or get into any of that, you just want enough time to find a new place and given the way the market is in this country you think 60 days is fair (or whatever you think is fair), which brings it up to XXth September and if he re-issues the letter stating that date you'll be more than happy to comply.