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What constitutes "written notice" in Ireland?

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  • 11-01-2016 7:08pm
    #1
    Lester Freamon
    Registered Users Posts: 276 ✭✭


    Hi folks,
    Can anyone help me out by informing me what constitutes advanced "written notice" in Ireland in the world of the Residential Tenancies Act 2004, etc?
    For example,
    - could somebody give written notice via an email that they have chosen to end thier lease early and request approval to reassign the lease?
    Many thanks
    LF


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Written notice is *supposed* to just that (i.e. written or typed)- however, in practice this has been expanded to include e-mail, texts- and other formats. These have been deemed acceptable at various tribunal hearings......

    Note- it is not acceptable for a landlord to 'inform' a tenant that they are going to enter a property- it has to be by agreement with the tenant- not at the sole discretion of the landlord.


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    #3
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    It has to be written and delivered to you. Emails, texts etc. do not count.


    Source:
    http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html


    Notice of termination

    If your landlord wants you to leave, they must serve you with a notice of termination. The notice can be posted to you, be given to you in person or be left for you at the property.

    Section 62 of the RTA sets down the requirements for a valid notice of termination. In order to be valid, a notice of termination must:
    •Be in writing
    •Be signed by the landlord (or an authorised agent)
    •Specify the date of termination of the tenancy
    •State that you have the whole 24 hours of the termination date to vacate the property
    •Specify the date of the notice itself
    •State the reason for termination (if a tenancy has lasted more than 6 months)
    •State that any issue with the notice must be referred to the PRTB within 28 days from the receipt of the notice.


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    #4
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    Butters1979 wrote: »
    It has to be written and delivered to you. Emails, texts etc. do not count.


    They do and it has been posted here several times. Its easier/less complicated to send a letter by registered post but the PRTB have upheld the use of text, emails etc.


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    #5
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    godtabh wrote: »
    They do and it has been posted here several times. Its easier/less complicated to send a letter by registered post but the PRTB have upheld the use of text, emails etc.

    Really? That surprises me as it is clearly different than what's on all the documentation I can find. Although I think the PRTB have a track record of bluffing a lot of this and I would not take what they say as gospel. I bet a solicitor would see that differently.

    And as for "posted here several times", sorry but I do not follow these forums daily to know this, nor recognize what someone has posted on boards.ie as necessarily the official source for the answer to this.


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    #6
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    The_Conductor wrote: »
    Written notice is *supposed* to just that (i.e. written or typed)- however, in practice this has been expanded to include e-mail, texts- and other formats. These have been deemed acceptable at various tribunal hearings......

    Note- it is not acceptable for a landlord to 'inform' a tenant that they are going to enter a property- it has to be by agreement with the tenant- not at the sole discretion of the landlord.

    a landlord could enter an apartment without prior permission in the case of an emergency - risk of fire, flooding etc

    Other than that they definitely need agreement of tenant.


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