So our landlord, IRES, has just put up a notice in the lift telling us how much notice they need to give to evict us. The rent “security” for 2 years brought in by the last government looks like it can be avoided by evicting the tenants and renting to someone with deeper pockets. Is there any option for us as tenants if this happens?
Legal Coffee Drinker writes:
The information provided on the notice in the tenant’s lift fails to mention that when a tenant has been in occupation for more than 6 months they are automatically deemed to be a ‘Part 4 tenancy.
The landlord can only evict them for the next three and a half years if he can show one or more of the grounds listed in the table to Section 34 of the Residential Tenancies Act 2004.
These grounds are:-
– a breach by the tenant of their obligations under the tenancy
– if the accommodation is unsuitable having regards to the rental needs of the tenant (e.g. where there are too many people in the premises for safety)
– if the landlord or a family member wishes to reside in the premises
– if the landlord is selling the premises
– if the landlord is carrying out works to the premises or the building containing the premises
– if the landlord is changing the use of the premises from residential to non-residential
In some of these cases (e.g. works, change of use) the landlord is obliged to offer the tenant a new tenancy if the premises becomes available for re-letting within a certain period.
After the three and a half years of a Part 4 tenancy expires a new Part 4 tenancy arises if a landlord does not serve a notice of termination within six months and this continues into the future.
Termination is not just as simple as observing the notice periods – where a Part 4 tenancy is in existence – which it will be most of the time – the grounds in Section 34 must also be satisfied. The notice is misleading because although it refers briefly to a Part 4 tenancy but does not explain its implications.
It might be worthwhile drawing this misleading notice to the attention of the Private Residential Tenancies Board which is responsible for residential tenancies.