renting issues possible eviction

housetypeb

The Landlords seem not to know or care that they could be in a spot of bother if they don't move into the place themselves but,instead, rents it out again to new tenants.

I never head any rule about getting a solicitor to sign a termination notice, why would they need to do that?

Michael D Not Higgins

Siipina wrote: »

Thats what the PRTB told me, so they cant just make it up, there is even a part on the notice she gave us which wasnt signed and just left blank.

It needs to be signed by the landlord or their agent (which could be the solicitor in this case). It doesn't have to be the solicitor, but it does have to be signed.

Vamp369

Siipina wrote: »

Thats what the PRTB told me, so they cant just make it up, there is even a part on the notice she gave us which wasnt signed and just left blank.

It doesn't have to be signed by anyone other that the landlord or an authorised agent acting on their behalf. The following criteria must be met for the notice to be valid: http://www.prtb.ie/dispute-resolution/dispute-resolution/sample-notices-of-termination

I've used the PRTB before and have found them to be very effective.In your case tho there seems to be two possible ways of dealing with the problem.

1. You file a dispute against your landlord due to breach of landlord obligations and the standard and maintenance of the dwelling. The landlord is legally obliged to ensure an adequate living standard of the dwelling and must fulfill their obligations in that respect. Its vital you have records of your contact with the landlord, dates when you reported something was broken, when it was fixed etc. That will show the landlord failing in their obligations.The PRTB won't help with regard to harassment etc.

2. You could go the court route and sue for damages.

Personally I would go the PRTB route as the other could last quite a while. Once you have the evidence its just a case of going through the motions. Heres an excellent of something similiar to your situation: http://www.prtb.ie/docs/default-source/default-document-library/tr0914-000840-dr0114-10102-order.pdf?sfvrsn=0

Michael D Not Higgins

The court will not entertain a tenancy case that has not exhausted the RTB process.

Siipina

Vamp369 wrote: »

It doesn't have to be signed by anyone other that the landlord or an authorised agent acting on their behalf. The following criteria must be met for the notice to be valid: http://www.prtb.ie/dispute-resolution/dispute-resolution/sample-notices-of-termination

I've used the PRTB before and have found them to be very effective.In your case tho there seems to be two possible ways of dealing with the problem.

1. You file a dispute against your landlord due to breach of landlord obligations and the standard and maintenance of the dwelling. The landlord is legally obliged to ensure an adequate living standard of the dwelling and must fulfill their obligations in that respect. Its vital you have records of your contact with the landlord, dates when you reported something was broken, when it was fixed etc. That will show the landlord failing in their obligations.The PRTB won't help with regard to harassment etc.

2. You could go the court route and sue for damages.

Personally I would go the PRTB route as the other could last quite a while. Once you have the evidence its just a case of going through the motions. Heres an excellent of something similiar to your situation: http://www.prtb.ie/docs/default-source/default-document-library/tr0914-000840-dr0114-10102-order.pdf?sfvrsn=0

I called the PRTB this morning and they told me it should be signed by a solicitor as well. There is even a section on the notice which she left blank.
For me it makes sence tbh, she can claim to move back in to get us out and if not well hopes we just leave it at that and if not pay the fine but still has us out.
If however the notice is valid we could still tell her, that we are not engaging the PRTB and she gives us the time we need. At least we could try.

Siipina

Ms Doubtfire1 wrote: »

ok-42 days-that brings you well up and beyond the 4th of november. Is the 42 days applicable? how long are you there?

in December 2 years, part 4 tenancy

Ms Doubtfire1

Siipina wrote: »

in December 2 years, part 4 tenancy

than the 42 days are the correct term

Michael D Not Higgins

The RTB have given you the wrong information. The law states it has to be signed by the landlord OR his agent. There is no stipulation for a solicitor to get involved. In fact it would probably be seen as a money making racket for the solicitors to enforce a signature from one for every notice of termination.

The 2015 amendment in fact allows for slips or omissions from the notice.

On the hearing of a complaint under Part 6 in respect of a notice of
termination, an adjudicator or the Tribunal, as the case may be, may make
a determination that a slip or omission which is contained in, or occurred
during the service of, the notice of termination shall not of itself render
the notice of termination invalid, if he or she or it, as the case may be, is
satisfied that—
(a) the slip or omission concerned does not prejudice, in a material
respect, the notice of termination, and
(b) the notice of termination is otherwise in compliance with the
provisions of this Act.

Michael D Not Higgins

I would add though that it sounds like they're just trying to get you out and you should try and come to a mutual arrangement to satisfy each other for the several weeks needed for the house move.

Siipina

Michael D Not Higgins wrote: »

The RTB have given you the wrong information. The law states it has to be signed by the landlord OR his agent. There is no stipulation for a solicitor to get involved. In fact it would probably be seen as a money making racket for the solicitors to enforce a signature from one for every notice of termination.

The 2015 amendment in fact allows for slips or omissions from the notice.

I spoke with the PRTB and threshold again and I was correct, in our case, she needs to give us a signed Statutory Declaration. This Declaration needs to be signed either by a solicitor or a Commissioner of Oaths.
As well as it is clear that she only gave us the notice because we opened a case against her.
Its now with the PRTB as well.

Ms Doubtfire1

you've done the right thing. Now sit back, relax and let them do their work. Don't worry about it for one second.

Siipina

Siipina wrote: »

I spoke with the PRTB and threshold again and I was correct, in our case, she needs to give us a signed Statutory Declaration. This Declaration needs to be signed either by a solicitor or a Commissioner of Oaths.

What is the reason for this? If true its absolute madness that a LL has to pay for the services of a solicitor to issue an notice of termination.

Michael D Not Higgins

Siipina wrote: »

I spoke with the PRTB and threshold again and I was correct, in our case, she needs to give us a signed Statutory Declaration. This Declaration needs to be signed either by a solicitor or a Commissioner of Oaths.
As well as it is clear that she only gave us the notice because we opened a case against her.
Its now with the PRTB as well.

Ah I've found the thing they brought in earlier this year. You are correct there does need to be a statutory declaration. It's designed to stop landlords abusing the system. This was one that didn't register with me for the new rules. Thanks for the heads up.

Just wait out the RTB process, you've everything in your favour as it stands.