Tenants are moving out after 5 days notice. I stated 5 days notice as tenants have requested the rent they overpaid to be refunded with the deposit.
Sorry guys, of course you don't deduct the advertising and vetting costs which you would incur anyway. I was just thinking of all the costs of changeover of tenant's when I was typing, but you do deduct cleaning unless if it's left as it was originally.
Stifster,
You can terminate as a landlord for a variety of reasons. The following is from the PRTB website:
Once a tenancy has lasted 6 months, the landlord will be able to terminate that tenancy during the following 31/2 years only if any of the following apply;
3
4- the tenant does not comply with the obligations of thedwelling.
tenancy
- the dwelling is no longer suited to the occupants
accommodation needs (e.g. overcrowded)
- the landlord intends to sell the dwelling in the next 3 months
- the landlord requires the dwelling for own or family member occupation
- the landlord intends to refurbish the dwelling
- the landlord intends to change the business use of the
The correct notice must also be given obviously.
This comes up over and over again. The terms of the PRTB act do not supersede a lease. The landlord is not entitled to break a signed lease for the above reasons. A lease is a binding contract on both parties. The above applies in the absence of a lease and is designed to protect tenants, not to give the right to the landord to throw someone out just cause his sister or brother need a gaffe
Application of Act. 3.—(1) Subject to subsection (2), this Act applies to every dwelling, the
subject of a tenancy (including a tenancy created before the passing of
this Act).
(2) Subject to section 4(2), this Act does not apply to any of the
following dwellings—
(a) a dwelling that is used wholly or partly for the purpose of
carrying on a business, such that the occupier could, after the
tenancy has lasted 5 years, make an application under section
13(1)(a) of the Landlord and Tenant (Amendment) Act 1980
in respect of it,
(b) a dwelling to which Part II of the Housing (Private Rented
Dwellings) Act 1982 applies,
(c) a dwelling let by or to—
(i) a public authority, or
(ii) a body standing approved for the purposes of section 6 of
the Housing (Miscellaneous Provisions) Act 1992 and
which is occupied by a person referred to in section 9(2)
of the Housing Act 1988,
(d) a dwelling, the occupier of which is entitled to acquire, under
Part II of the Landlord and Tenant (Ground Rents) (No. 2)
Act 1978, the fee simple in respect of it,
(e) a dwelling occupied under a shared ownership lease,
(f) a dwelling let to a person whose entitlement to occupation is for
the purpose of a holiday only,
(g) a dwelling within which the landlord also resides,
(h) a dwelling within which the spouse, parent or child of the
landlord resides and no lease or tenancy agreement in writing
has been entered into by any person resident in the dwelling,
(i) a dwelling the subject of a tenancy granted under Part II of the
Landlord and Tenant (Amendment) Act 1980 or under Part III of
the Landlord and Tenant Act 1931 or which is the subject of
an application made under section 21 of the Landlord and
Tenant (Amendment) Act 1980 and the court has yet to make
its determination in the matter.
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