Ireland: Tenants rent apartment without landlord's knowledge, can landlord evict tenants?'

The owner of the house was shocked when the owners of the nearby apartment contacted them saying that they were renting out the property, and when the landlord came to inquire, the rental apartment was in a very deplorable condition and there was a lot of noise and music for hours. The homeowner was horrified by its condition when it was opened, The landlord also found the ad on Airbnb and contacted the tenants, who did not refuse, but informed the tenants that the lease gave the tenants the right to sublet.

'The landlord should evict the tenants as soon as possible, but it seems that the tenants will file a complaint with the RTB. The home owner can't even make an insurance claim for damages because it states that it can only be used for housing purposes. What is the best course of action?'

First, tenants cannot sublet without the landlord's permission. But either way, they don't sublet, they use it for commercial purposes by advertising on the commercial platform Airbnb. This is a fundamental breach of lease that you can legally terminate at short notice. You may terminate the tenancy for any of the following reasons;

The house is used for commercial purposes;
Tenants' actions may have voided the homeowner's insurance policy;
Tenants have not informed the landlord about all the inhabitants of the house;
They are bound under the lease not to do anything that violates the landlord's obligations in respect of the tenancy.
Simply put, if the homeowner's insurance is voided, the homeowner is not covered for fire, flood, or any other damage not only to the property itself, but also to nearby properties. Also, if someone renting an apartment is injured on the property or in any common area, they can sue the management company, but the landlord can be held liable.
You risk being prosecuted under new changes to planning laws which state that owners of rental properties who advertise on commercial platforms will be subject to severe penalties if they do not have planning permission for short-term lets.

In short, renters have seriously exposed you on multiple fronts. Regardless of the statutory notice periods for terminating a tenancy, the tenant will receive a 28-day or seven-day notice of termination when the tenant breaches the tenant's obligations under the lease. A 28-day notice period is usually given for non-payment of rent, but a 7-day notice can be given for more serious matters such as commercial purposes or works that threaten the structure of the dwelling.

Tenants may file a case with the Residential Tenancies Board [RTB], although this is less likely. But if that happens, it is debatable whether the RTB has jurisdiction to hear whether it is being used for commercial purposes and not for residential purposes. However, the landlord must have proof that your tenants advertised on AirB&B and sublet the apartment outside, so keep copies of the ad(s) and the landlord can get statements from neighbors as further proof.

For further information, legal assistance should be sought from a local or solicitor dealing with these matters

SEE HERE If your landlord wants you to leave

Building Works Providers and Miscellaneous Provisions Act 2022

From 6 July 2022, the new rules come into force, meaning there are important changes for landlords serving notices of eviction. It is important to understand these new changes to ensure that any termination notice is valid.

Yes, from 6 July 2022, there is a new requirement for landlords to send a copy of all termination notices given to a tenant to the RTB. This must happen on the same day that the notice is served on the tenant. This requirement will apply to all rental establishments with a tenure of less than 6 months.

Failure to send a copy to the RTB at the same time it is served on the tenant(s) will invalidate the termination notice.

The date of service is, for example, the date the notice is posted or delivered. A copy of the termination notice for RTB can be sent by email to NoticeofTermination@rtb.ie or to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork, Can be posted too.

The procedure for rent arrears remains unchanged

The procedure for termination of rent arrears remains unchanged. Landlords must continue to provide RTB with a copy of the 28-day written rent arrears warning notice. The 28-day period is calculated from the date the tenant and RTB receive the warning notice, so landlords must send both notices at the same time. A landlord must send a copy of the notice of termination given to their tenant for rent arrears to the RTB on the same day they serve it to the tenant. Please note that failure to submit a copy of the Rent Arrears Warning Notice or any termination notice to RTB will invalidate the termination notice.

Notice periods

From July 6, there are new notice periods the landlord must give the tenant when a landlord wants to end a tenancy. The new notice periods only apply to tenancies less than 3 years old. Notice periods for tenants of more than 7 years have not changed. These are described below:

Less than 6 months - 90 days
Not less than 6 months Less than a year - 152 days
Not less than 1 year Less than 7 years - 180 days
Not less than 7 years Less than 8 years - 196 days
Not less than 8 years - 224 days

READ MORE : Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

🔊JOIN 🔰🔰🔰🔰IĐ NEWS:

To get the latest news & information from www.indiansdaily.com ✔click on the link and follow: 🔰Indian in Ireland ✔ | 🔰Accommodation ✔| 🔰 Whats App ✔