https://onestopshop.rtb.ie/during-a-tenancy/overholdingOverholding
Overholding is when a tenant remains in a property after a valid notice of termination has expired.
A tenant is overholding where they continue to occupy the property on a date after the expiry of the notice period specified in a valid Notice of Termination served by the landlord. In such a situation the tenant must continue to pay rent to the landlord and receipt by the landlord of that rent does not imply recognition of an ongoing tenancy. Where a landlord, either verbally or in writing, withdraws a Notice of Termination, the tenancy will then continue
Regardless of the circumstances of a case, a tenant can only be ordered to vacate a rented dwelling on the expiration of a valid Notice of Termination
Is it RAS or HAPI'm trying to get my head around the procedure when a tenant overholds where a valid Notice of Termination has been served and not objected to.
The RTB says this;
https://onestopshop.rtb.ie/during-a-tenancy/overholding
Their rent is paid by the council (HAP/RAS) who will not pay rent if the tenant overholds.
Is the correct procedure to serve them with a notice of rent arrears and then serve a 28 day notice of termination or can you proceed directly to the RTB to get a determination/enforcement order?
Your lease is with the council not the tenant. Advise council you are terminating lease. If the tenant does not leave and you get award from RTB its the council who are liable.It's RAS.
Council are liable for the rent. You can sue them for any outstanding rent.Tenant is not currently overholding though I have served a Notice of Termination.
In a previous conversation I had with them they told me they will not pay if the tenant overholds. I think it's very likely the tenant will overhold given the lack of suitable accommodation in the area
I'm more concerned about what the correct procedure is to get the tenant out if they overhold.
Your lease is with the council not the tenant. Advise council you are terminating lease. If the tenant does not leave and you get award from RTB its the council who are liable.
All I know is you can't go to court until you waste your time with the RTB.Or can you go straight to teh District Court - See Appendix 5 (page 43) of this document - https://onestopshop.rtb.ie/images/u..._Enforcement_Proceedings_A5_FINAL_VERSION.pdf
The landlord registers the tenancy with the RTB as they have agreed to allow the council sublet the property as part of the contract with the council.So if that is the case who registers the tenant with the RTB?
The tenant was in situ and wanted to go on RAS. The contract I have with the council terminates when the current tenancy terminates.
I'm terminating the tenancy (not lease) with the tenant because I want to move in. Valid Notice of Termination will be served. Section 6 Termination in the contract with the council states "Termination of this tenancy is governed by the Residential Tenancies Act 2004." and nothing else.
I'm mainly concerned that this tenant will overhold and I just want to be clear on the procedure to get them out. I already have a solicitor engaged but want to be familiar with the procedure if it comes to be an overholding situation.
Section 6 Termination
Termination of this tenancy is governed by the Residential Tenancies Act 2004.
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