My son is returning home from working in Australia for the last few years. We’ve been planning to have him move into a rental property I own when he moves back next March. With the new eviction ban, will I be able to give the tenants notice and have my son rent that property when he returns? We’ve had this plan for about a year, and it seems unfair if we won’t be able to rent our own property to him as we had planned.
Legislation was introduced last November prohibiting any terminations of tenancies taking place before March 30th, 2023. You can, however, issue a notice of termination whereby a landlord confirms a family member intends to occupy the property in the future. For example, if your tenants were in situ for more than a year but less than three years, you have to give them 180 days’ notice. So if you served notice on December 9th, 2022, the date of termination would be after March 30th, 2023. The termination date would be well beyond the current expiration date of the ban.
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You should check the Residential Tenancies Board (RTB) website and look at the most recent notices of termination and notice periods. Unfortunately, the Minister for Housing has, in the past 12 months, initiated numerous changes in the aforementioned regulations and if you do not serve the most up-to-date notice of termination within the correct period, it is automatically deemed invalid. Please note, when you issue the notice of termination it must also be sent to the RTB on the same day or it will be deemed invalid.
The good news is you still have the right to gain possession of your property bearing in mind that certain political parties have said it is their intention that landlords be denied that right should they form a government. You should be grateful for small mercies. For more on the difficulties landlords are facing in the current market, see Fiona Reddan’s article from January 21st in The Irish Times.
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Kersten Mehl is a chartered residential agency surveyor and member of the Society of Chartered Surveyors Ireland
Do you have a query? Email propertyquestions@irishtimes.com
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