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Landlord selling, got written notice today dated 5 weeks ago

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  • 08-11-2013 10:52am
    #1
    stateofflux
    Registered Users Posts: 1,563 ✭✭✭


    hi,
    i have been renting an apartment for over 2 years. i am the leaseholder.

    The landlord told me verbally about his plans to sell around 2 months ago.

    yesterday 7th NOV he gave me my 56 days written notice BUT he has dated it saying the 1st OCTOBER.

    I said to him the notice period begin on date of receipt of written notice. ,

    he disagreed and said he 'tried' to get this to me for weeks and to take it up with the PRTB.

    This sounds are bit ropey to me but how can one prove the letter was or was not given on x date? and will the PRTB entertain my appeal?.

    any insight appreciated


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    #2
    zarquon
    Registered Users Posts: 3,734 ✭✭✭zarquon


    Have you the original envelope with dated postmark? That's the only way you can prove it.


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    #3
    listermint
    Registered Users Posts: 33,966 ✭✭✭✭listermint


    zarquon wrote: »
    Have you the original envelope with dated postmark? That's the only way you can prove it.

    Not true,

    The landlord would have had to sent to registered post 'to prove it'

    Is not up to the OP to prove anything.


    OP speak to threshold and then get on to the PRTB


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    #4
    zl1whqvjs75cdy
    Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    Definitely looks to me like he wanted to keep you there until the last possible minute to make as much money as possible from you and the sell. Tell him you haven't received proper notice and go to PTRB.


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    He obviously didnt try very hard. The date on the letter means nothing; he could write any date on there that he wishes. If he hand delivered it to you then its up to him to prove when you got it (hence the reason why its always recommended that any communication of this nature is sent via registered post, so there is official proof of delivery).

    If he is being a prick about it then just wait it out in the property for the 56 days and then leave. He cant take any measures to remove you from the property in the meantime, and if he does it would constitute an illegal eviction.

    Do you have a current fixed term lease in effect? If so, Id check out the terms, because its entirely possible that he has no legal grounds to issue you with this notice at all.


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    #6
    fl4pj4ck
    Closed Accounts Posts: 2,000 ✭✭✭fl4pj4ck


    actually landlord could drop it into your email box without posting it. or give it to you in person. something is telling me this is your word vs his. have you any witnesses that were there when he gave you an envelope?


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    fl4pj4ck wrote: »
    actually landlord could drop it into your email box without posting it. or give it to you in person. something is telling me this is your word vs his. have you any witnesses that were there when he gave you an envelope?

    They can of course deliver the notice in person, however if a dispute arises it would be up to them to prove when they delivered it.


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    #8
    stateofflux
    Registered Users Posts: 1,563 ✭✭✭stateofflux


    djimi wrote: »

    Do you have a current fixed term lease in effect? .

    no, my second year lease expired in August
    fl4pj4ck wrote: »
    actually landlord could drop it into your email box without posting it. or give it to you in person. something is telling me this is your word vs his. have you any witnesses that were there when he gave you an envelope?

    no witnesses no.


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    #9
    stateofflux
    Registered Users Posts: 1,563 ✭✭✭stateofflux


    thanks for the feedback ...really appreciate it :)


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