A SHORT GUIDE TO TERMINATION OF A RESIDENTIAL TENANCY

We dealt with a query this week in relation to the termination of a residential tenancy in circumstances where the landlord wants to sell the property that is being rented. The landlord was seeking our advice on how to ensure the termination was in compliance with the relevant legislation so as to avoid any dispute with the tenants. 

Landlords should be mindful that once a tenancy has lasted for over six months, landlords have specific obligations to tenants should they wish to terminate the tenancy. These obligations are prescribed in the Residential Tenancies Act 2004. There is a helpful guide to termination of tenancies on the website of the Private Residential Tenancies Board. 

It is essential to note that a landlord cannot simply terminate a tenancy that has lasted six months or more without a legitimate reason. The main grounds for termination by a landlord are set out in Section 34 of the Act. These include termination on the basis of the landlord’s intention to sell their full interest in the property within three months of the termination of the tenancy. 

It is essential that any landlord seeking to terminate a tenancy on this basis or any other basis covered by the legislation is very careful to serve a proper notice of termination. Any notice must be in compliance with Section 62 of the legislation and must be: in writing, signed by the landlord or their authorised agent, specify the date of service on it, state the reason for termination, specify the termination date and provide the tenant with the whole of 24 hours of the termination date to vacate possession, and state that any issue as to the validity of the notice or right of the landlord to terminate must be referred to the PRTB within 28 days of the date of receipt. 

Disputes over the validity of a notice of termination frequently come before the PRTB incurring costs and inconvenience to both landlords and tenants. It is essential that any landlord of a residential tenancy carefully consider the grounds of termination and the form to avoid any subsequent dispute.

Rebecca Keatinge, 

Brophy Solicitors

LANDLORDS BEWARE

We have acted for many years for non-nationals, who wish to reside in Ireland. I am happy  to say that our immigration solicitors have developed an excellent reputation and we are now in a position whereby many of the clients who are allowed to remain in Ireland have now moved on and they are coming to us for advice in relation to other areas. One particular area in which our non-national clients are having difficulties is an area that applies to everybody and that relates to tenancies.

Over the past three or four weeks, we have opened approximately two new files per week in relation to clients and sometimes families, who are being harassed and intimidated by landlords.

The common theme is that the landlord demands that the tenants simply leave the property. The tenant refuses and a landlord then serves an invalid notice to quit stating that they have to leave the property within a number of days. Another common feature is that the landlord will often come round to the house and use his own key to gain entry and try to “persuade” the tenants to leave. They tend to say that they will be back at the weekend and they will change locks or take other action to force the tenants to leave. 

All of these actions are illegal. We have acted for clients who have received substantial awards from the Private Rented Tenancies Board. The procedure for terminating a lease is very clearly set out in the Private Rented Tenancies Act and the Board take it very seriously when a landlord is seen to be acting vigilante-style outside the parameters of the Act and in many cases will award substantial damages for trespass and/or breach of contract.

If a tenant is being harassed or intimidated in this manner or if an effort is being made to evict the tenant illegally, then the tenant has an immediate remedy with the PRTB and if an immediate threat of eviction is made, an application to court can be made seeking an injunction to prevent the landlord from carrying out an illegal eviction. 

So the moral of the story is that if you are a landlord this does not mean that you are entitled to act above the law.

Kevin Brophy,
Brophy Solcitors

LANDLORDS BEWARE!

We recently assisted one of our clients in securing a very positive outcome in a case before the Private Residential Tenancies Board. The case serves as a cautionary tale to any residential landlord attempting to compel their tenant to vacate a rented premises. Our basic message is to proceed with caution and in line with due process. 

We acted for the tenant in this dispute. He was in substantial arrears of rent and was accused of anti-social behaviour by his landlord. Some months before the matter came before the PRTB, the landlord in an attempt to compel the tenant to vacate the premises, attended the premises unannounced with three others including a locksmith. He proceeded to let himself into the premises and then made attempts to change the locks. It turned out that the tenants were in fact inside the premises and believed that the landlord was an intruder, breaking into the house. The Gardaí attended the scene and advised the landlord to make a complaint to the PRTB. 

When the case came before the PRTB, our client did not dispute the arrears of rent but strongly disputed the allegation of anti-social behaviour. He also complained about the landlord’s attempted break into the property and reported racist and abusive language used during the incident. 

The Adjudicator found overwhelmingly in our client’s favour. While the rent arrears were confirmed, the landlord was found to have been in “a most severe breach” of his obligations by attending the property with the intention of illegally terminating the tenancy. The award of damages in our client’s favour cancelled out the substantial rent arrears. In addition, all notices of termination served were found to be flawed and invalid and the landlord is essentially back to square one. 

The Residential Tenancies Act 2004 sets out extensive obligations on both landlords and tenants with respect of residential tenancies. It also stipulates circumstances and procedures for termination of any tenancy and notice requirements of any such terminations. 

This case shows that it is absolutely imperative that a landlord complies with his obligations under the Act, particularly his obligation to afford the tenant peaceful and exclusive occupation of the rented property. Any breach will be treated harshly and may invite a substantial award of damages against landlord. 

The PRTB website has helpful information about the relevant procedures. We also have extensive experience in this area and are in a position to advise both landlords and tenants on any issues that have arisen.

Rebecca Keatinge

Brophy Solicitors