Notice to Quit - 2 weeks enough

marymary44

Hi,

I have been given notice to quit my rented property after 3 1/2 years.

The landlord is selling to property, to a relative, and is asking all the tenants to leave.

I have been given 2 weeks notice....

This cant be right, but he said because its a genuine and official sale he has this right.

I said I would ask the prtb and citizens advice and he told me I could do what I want, but I will be 'moved out' in two weeks either way!

What can I do?

o1s1n

He's pulling your leg. Have a read of this, especially the notice period section.

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

Michael D Not Higgins

You need to be given 12 weeks notice for more than 3 years, unless you agree to less notice at the time with the landlord. Don't accept the 2 weeks notice unless it suits you.

ZENER

and is asking all the tenants to leave

Are you renting a room or the whole house ? It's possible you're a licensee rather than a tenant ?

Ken

Mrs OBumble

o1s1n wrote: »

He's pulling your leg. Have a read of this, especially the notice period section.

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

He may be serious, and either ignorant of the law, or don't give a rats-*** about it.

Print that stuff out and give it to him.

But also call Threshold, and ask what you should do if he turns up to evict you.

utmbuilder

not a nice man at all.

if you go to the prtb now and register a dispute he wont be able to evict you until the prtb hears your case as he has given you an invalid eviction notice, if you have his notice by sms or email that will help, however cases verbally will be heard, it takes about 4 months to get a prtb dispute heard. he cant evict you or say you are "over staying" in this period.

the issue gets frozen until you meet with the prtb and he cant evict you, if you appeal the prtb dispute to a tribunal he wont be able to evict you for another 6 months at least until your tribunal appointment comes up.

After that if you have no where to go you will be advised to over stay, in which case he has to go through the long prtb process before he can apply for a court order to have you removed.

Under Irish Law it takes about 2 years to get someone out of your home who has no where to go. Thats even when the landlord does things by the book!

utmbuilder

utmbuilder wrote: »

the issue gets frozen until you meet with the prtb and he cant evict you,

Well he can't legally evict them but the op suggests he will just throw them out it they don't move.

There is the other possibility that as the op is only renting a room in a shared house that they are in fact a licensee, did the LL have access to the house as he pleases op and did you have a lease (at some point in the past even).

utmbuilder

Hector Modern Permit wrote: »

Well he can't legally evict them but the op suggests he will just throw them out it they don't move.

Contact the Guards in this case and have him charged with assault. Its illegal for him to do this and the op should not be bullied by him.

Also seek re entry to the home.

utmbuilder

utmbuilder wrote: »

Contact the Guards in this case and have him charged with assault. Its illegal for him to do this and the op should not be bullied by him.

Also seek re entry to the home.

The guards won't involve themselves in something like this.

I didn't really mean physically throw them out anyway, more go in and change the locks.

I'm just making the point as if I was the op I would be looking for somewhere else as a case pending with the PRTB isn't much use if the op is out on the street.

utmbuilder

As far as I am aware if a tendency is in place a tenant can gain re-entry no matter how big the locks. Then sue the landlord for up to 20k,

you will find these days landlords wont get away with changing locks read the tribunal hearings from 2016, there has even been enforcement orders put on houses where landlords dont pay tribunal finds by the courts. a landlord breaking the law now will cough up on average of 12k or get a lean on the property. Its not like before with small fines or tennents getting off rent arrears.

adjudicators have been sticking it to landlords for the past 8 months

newacc2015

utmbuilder wrote: »

not a nice man at all.

if you go to the prtb now and register a dispute he wont be able to evict you until the prtb hears your case as he has given you an invalid eviction notice, if you have his notice by sms or email that will help, however cases verbally will be heard, it takes about 4 months to get a prtb dispute heard. he cant evict you or say you are "over staying" in this period.

the issue gets frozen until you meet with the prtb and he cant evict you, if you appeal the prtb dispute to a tribunal he wont be able to evict you for another 6 months at least until your tribunal appointment comes up.

After that if you have no where to go you will be advised to over stay, in which case he has to go through the long prtb process before he can apply for a court order to have you removed.

Under Irish Law it takes about 2 years to get someone out of your home who has no where to go. Thats even when the landlord does things by the book!

Why are you suggesting the nuclear option? Around 70% of rental properties are owned by a landlord with a single property. Most are ignorant to the law, as it changes pretty often

My suggestion would be to let the LL know that his notice to quit is incorrect would be the first step IMO. Suggesting OP to do what you are advocating is extreme. Good luck to OP in this market trying to find another property with no reference.

The_Conductor

One thing- if the OP is renting a room- as opposed to the entire building- they may not in fact be a tenant- and the 2 weeks, while short- may in fact be 'reasonable notice'.........

OP- are you renting a property- or simply a room in the property?

The_Conductor

utmbuilder wrote: »

not a nice man at all.

if you go to the prtb now and register a dispute he wont be able to evict you until the prtb hears your case as he has given you an invalid eviction notice, if you have his notice by sms or email that will help, however cases verbally will be heard, it takes about 4 months to get a prtb dispute heard. he cant evict you or say you are "over staying" in this period.

I'm not sure how or why you have decided that the landlord is 'not a nice man at all' who knows- the OP may have had a very reasonable relationship with them up to this point.

The OP may not be eligible to register a dispute with the RTB (they've changed their name recently)- if they are not officially a tenant- that has not been clarified

Cases are now a lot faster than you're suggesting- its now not unusual to get a hearing in 6-7 weeks- they've gotten a whole lot better.

utmbuilder wrote: »

the issue gets frozen until you meet with the prtb and he cant evict you, if you appeal the prtb dispute to a tribunal he wont be able to evict you for another 6 months at least until your tribunal appointment comes up.

Tribunal appointments used to be 6 months+ (and a whole lot worse sometimes)- but not anymore. Also- there still is no indication whether the OP is legally tenant under the Act- they haven't clarified this- so your all-guns-blazing advice may in fact be moot.

utmbuilder wrote: »

After that if you have no where to go you will be advised to over stay, in which case he has to go through the long prtb process before he can apply for a court order to have you removed.

It is illegal to advise a tenant to overstay- they will never be given this advice by the RTB. Threshold- who were on record giving just this advice- have ended up in court for doing so. It is also against the charter of this forum to give such advice. Consider this a warning.

utmbuilder wrote: »

Under Irish Law it takes about 2 years to get someone out of your home who has no where to go. Thats even when the landlord does things by the book!

Not anymore it doesn't. Timelines have improved significantly.

OP- you really need to clarify whether you were renting a property- or simply a room in a property- as it is pertinent to all of this. If you were renting a whole property (even with others)- and have a lease stating this- you are in a very strong position. If, on the other hand, you were renting a room in a property sublet into rooms- with access to shared common areas- but not exclusive use of them or the property- you're in entirely a different situation.