Landlord returns from abroad - wants property back

Arrived home to find the EA at the door - with a letter from the landlord terminating our year lease agreement from 15/08/12.

We only moved in on 15th May. :imp: Seems his job abroad didn’t work out.

Pretty shocking timing as we’re due to get married the first week of September - then on honeymoon for 3 weeks or so.

Could do without the extra stress and a second move in 3 months.

I doubt we have any rights, but any advice welcome.

Is it a case of just looking for new place and packing up?

Pretty pee’d off.

Sometimes those Part IV tenancy rights just don’t cut it.

If you have signed a fixed term lease (the usual 12 month leases that EA love) than yes do have rights and as long as you don’t break any of the conditions in the lease the Landlord cannot evict you.

Just thought of a nice little scam a secondary teacher could perpetrate during the summer holidays:

Rent the house out for 3 months and then head off abroad for a bit of sunshine. Go through the motions in relation to a lease in order to reel the suckers in and then have the suckers pay for one’s 3 months abroad.

Then return after 3 months on the pretext that some imaginary job abroad didn’t work out and would they now mind fucking off.

Oh and so sorry about the €550 you had to spend on the removal van and man. :nin

As th’Unbelievables might say to the OP’s landlord:

“You CAN’T be doin that!”

Never underestimate the stupidity of either E/as or amateur landlords,check to see if your lease is in fact a Part 4 or if its a fixed term lease,world of difference to your situation.Dont just assume they know what they are talking about.

Being a Professional Landlord,Landlord is of course correct in his observations.

Most Tenuous Teacher-bash of the Year award?

There is a voluminous literature (and numerous Joe Duffy call ins) on the difficulty of shifting tenants which would make this a risky strategy.

F__K me the ranks of the professions are opening up. Am I now in the company of priests, teachers and solicitors ? :slight_smile:

Along with Prostitution,landlording is one of the oldest “Professions” :wink:

How exactly would I tell?

It says nothing about part IV in the lease.

It states in the 2nd schedule the term is 11/05/12 to 10/05/13.

Also if its any help the letter from the EA states;

‘Any issue as to the validity of this notice or the right of the landlord to serve it must be referred to the PRTB under Part 6 of the 2004 Act within 28 days of the date of receipt of it’.

Cheers. Any help appreciated.

Never really saw this coming - was renting from 3 years previously with Gannon homes and not one single issue.

Cheers LL, it seems to be one of them - runs 11/05/12 to 10/05/13 - an REA YYYY jobby.

Seems like you have reasonable grounds and are in a strong position to offer the house back in exchange for your moving costs being reimbursed plus a couple of grand for the inconvenience.

Sounds like the “Secondary Teacher” is F****D" :smiley:

Sounding good so far - i’d prob be happy to move out in Oct/Nov - but certainly not 3 weeks before the wedding.

Suggested next steps:

letter to EA outlining our position?

Solicitor?

Register complaint with PRTB? (only mention this due to the 28 days stipulated above - or is that referring to replying to the EA?)

PRTB first let your landlord know you are not going to roll over

Sounds like you have 1 year lease both parties can terminate the lease within the first 3 months fairly easily IIRC

Has the tenancy been registered with them? You should of got correspondence from them if it is.

Nah, way too much hassle.
The teacher could just let it on a 3 month short-term basis.

Hard to get tenants for just 3 months…

You have a one year fixed term lease. Unless there’s a break clause (very very unlikely) then you are entitled to remain for st least one year. Ignore all the comments re Part 4 rights - you do not need to rely on these and they are a red herring at this stage.

Do you have a one year lease or do you have a lease for a year but subject to termination on one months notice

Thanks for the comments thus far anyway

I havent gone through it with a fine tooth comb yet - but will, but from what i see so far it doesnt mention 28 days anywhere - the word notice does appear but its not very clear what exactly is being said. My take on it is that notice is probably just required at the end of the term.

I look at it again later - wasn’t really taking stuff in last night

+1

Part IV tenancys’ offer no protection in these circumstances.