Rtb dispute timeframe

Onthefence

This could be a 'how big is a hole' type question but any insight would be great.

A family member wants to rent my property so I'm issuing my tenants a notice of termination with statutory declaration next month. In the event they lodge a dispute with the RTB, would anybody know how long these type cases are taking to be heard?

My reason for asking is the family member might be forced to find somewhere else to live if the case was to drag on for a year or more.

Cheers.

GGTrek

It really depends how active your tenants are. If they respect the 28 days time frame to raise the issue, at the moment the RTB adjudicator is holding an hearing approximately 1 month after issue is officially raised with RTB: in your case it would be invalid notice of termination. Approximately 10 calendar days after the hearing you will get the report and then another 21 days to get the determination order. Now if the tenant appeals or you appeal the times will extend substantially: at least 3 months wait but easily 6 months. Should you win the adjudication or the appeal and tenant continues to overhold, then you need to spend real money to hire solicitor and barrister and wait another few months at the circuit court (the wait really depends on location) to get summons and maybe another multi-week wait for sheriff to enforce the summons. Now if the tenants are not active and you have to take them to RTB for overholding, just add the required section 34 notice period to the time frame above. Good luck, you will need it if tenant decides to take the legal route or if he decides to overhold.