Q. I have been renting a property for a number of years. I had to remortgage a few years ago to do renovations on my family home. I was able to keep up on payments, but I’m now coming to a situation where I’m looking to sell. I told my tenants of this a few months ago and they’ve since stopped paying rent. I am worried that they will simply not leave the property. What can I do?
Dear Reader,
Firstly, verbal confirmation to your tenants to move out on the basis that you are selling is not sufficient. You should ensure that you or your solicitor immediately serve the required Notice of Termination. This form essentially confirms that you require them to vacate the property as you intend selling it within three months of the termination date. You will also need to complete a Statutory Declaration confirming that if you were not to sell that the property would be re-offered to them.
The termination date will vary depending on how long the tenants have been in situ. If they’ve been in place for less than six months, 90 days’ notice needs be given. This goes up to 224 days if the tenants have been in place for eight years or more.
The notice must be served on the tenant and on the Residential Tenancies Board (RTB) on the same date.
Any problem with the Notice of Termination will render it null and void. You should consult with your solicitor to ensure that all the formalities are complied with.
If your tenants refuse to move, your only option would be to bring the matter to the Private Residences Tenancies Board (PRTB). They will confirm whether the Notice of Termination is in order and whether the tenants should leave the property. The matter would first be heard by an adjudicator and can be appealed to the tribunal by either side. A Determination Order would then issue.
If the Tenants still refuse to leave the property, the Determination Order must be approved by the District Court, which can compel the Sheriff to take back possession of the property.
Unfortunately, no action could be taken to evict the tenants in the interim period. Should the PRTB feel that any undue pressure was put on tenants, they can levy substantial fines.
Unfortunately, the tenants hold a lot of the cards, and the chances of you recovering lost rent, even with a Court Order, are practically nil, so you and your solicitor should be at pains to ensure that the Notice is valid in all aspects.
