Overholding consequences

Muahahaha

4ensic15 wrote: »

You should get someone who is an expert to advise on the Noticve of Termination. There are a few specialist barristers and solicitors who can find faults in them that others can't. people in Tyrellstown were told that their notices were fine but when they brought in a couple of barristers the notices turned out to be invalid.

The RTB publish a checklist of what needs to be in a Notice of Termination to make it valid. A common omission is landlords not telling tenants that they have 28 days to appeal the notice. If that part is missing then the RTB will rule against the landlord in any dispute. The list is here
https://www.rtb.ie/dispute-resolution/dispute-resolution/the-three-stages-of-a-tenancy/checklist-for-landlord-serving-a-valid-notice-of-termination

A tenancy can only be terminated by serving a valid Notice of Termination in accordance with the provisions of the Residential Tenancies Act 2004 (as Amended). If the tenant does not vacate upon the expiration of a valid notice of termination or if a landlord / tenant does not believe that the Notice of Termination is valid they can submit a dispute to the RTB for resolution.
Did you sign a fixed term lease?
In a fixed term lease, a Notice of Termination can be served for the following 3 reasons:
There is a break clause in the lease agreement.
Both parties agree to terminating the tenancy.
The tenant breached his or her obligations and has been given reasonable time to rectify the breach, then 28 days notice is required.
Checklist to ensure the Notice of Termination is valid:
Ensure that the Notice of Termination is in writing (A text/email is not permitted).
Ensure you give the adequate Notice periods. The notice periods depend on the length of the tenancy and the reason for issuing the notice in some circumstance. it may be prudent to give an additional couple of days notice to ensure that the party receives the required notice periods.
If the reason for giving a Notice of Termination is that the tenant has breached his or her obligations having been given reasonable time to rectify the breach then ensure that the reason is included in the Notice of Termination.
Specify the termination date. The day that is to be specified as the termination date is the last day of the notice period. The notice period starts on the day following service of the notice of termination.
State that the tenant has a whole of 24 hours to vacate possession.
State that any issue as to the validity of the notice may be referred to the RTB within 28 days of the receipt of the notice.
If the tenancy is over 6 months state the reason contained in section 34 of the Act.
Ensure that the Notice is signed by the landlord or his authorised agent.
Where a landlord seeks to terminate a Part 4 tenancy (a tenancy of duration longer than 6 months) because the tenant has failed to pay rent, the following two-step procedure must be followed:
Serve a 14-day Warning Notice for failure to pay rent.
Serve a 28-day Notice of Termination of the Tenancy.

See sample Notices of Termination here.

4ensic15

Muahahaha wrote: »

The RTB publish a checklist of what needs to be in a Notice of Termination to make it valid. A common omission is landlords not telling tenants that they have 28 days to appeal the notice. If that part is missing then the RTB will rule against the landlord in any dispute. The list is here
https://www.rtb.ie/dispute-resolution/dispute-resolution/the-three-stages-of-a-tenancy/checklist-for-landlord-serving-a-valid-notice-of-termination

There can be other problems with Notices of termination. It is very unwise to DIY it when a lot turns on it.

Rosina1969

OP I've just had a hearing at the RTB where I brought a case against my 'ex-landlord' who I paid my deposit to, and who refused to give it back stating that it was now the responsibility of the property company or bank to give it back to me.

RTB disagreed, and said what I thought all along - I paid the deposit to him, so he has to pay it back.

But it was complicated by the fact that I'm still living here. I was able to talk to someone in the bank and they are letting me stay until it is sold. I wish I could get out of here, but I just cant find anywhere. Cant even get in to a viewing at the moment.

So ruling from RTB was that landlord has to pay my deposit to the property company, he has until the end of May to do it though, and I can only get it back after an inspection. Which doesn't make a lot of sense as I could be gone by then anyway. So I don't hold out much hope for ever getting that money back. The judge said I needed to check with the property company if he pays it - hes allowed 2 instalments. But I contacted them and they haven't even replied to my email. All in all, I don't think I will see it.

HOWEVER, RTB judge told me not to pay last month's rent. I was worried about them coming after me, but she said even if they do, the RTB will rule favourably, and will tell them to pursue the landlord, as he should be covering my last months rent?

Do you have the letter from the bank. I contacted them direct and they were so much more helpful than the property company who just quoted me the regulations etc. Bank have agreed to let me leave whenever I find somewhere.

As for references, landlords have always given me a reference to pass on to the next place - before I move out. You need it so...

I think all trust is gone between tenants and landlords at this stage. Both sides have been hurt, and 'done over', and now there is no good will or trust. I am DREADING handing over another deposit, and starting this all over again. I've only been in this place 18 months. I moved here from another apartment that I had to leave as it was being sold. I've moved 4 times in the last 9 years. With 2 kids. It's just awful. I think I@m heading to homelessness this time though. I feel my luck has run out. Just cannot find anywhere. I will probably withhold last month's rent, but am worried sick about doing it.