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Notice to be acknowledged or not?

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  • 12-08-2017 8:04am
    #1
    thegreatiam
    Registered Users Posts: 2,869 ✭✭✭


    Our landlord is away. And we, for several reasons, have decided to terminate the lease. 10 months /12. Giving about 40 days notice. We've emailed notice to her and dropped a written copy to her house, but she is on holiday in France. And likely wont return until a week before the notice period ends.

    We have given notice in plenty of time, will that still be valid? Even if she does not recieve it?


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    #2
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    thegreatiam wrote: »
    Our landlord is away. And we, for several reasons, have decided to terminate the lease. 10 months /12. Giving about 40 days notice. We've emailed notice to her and dropped a written copy to her house, but she is on holiday in France. And likely wont return until a week before the notice period ends.

    We have given notice in plenty of time, will that still be valid? Even if she does not recieve it?

    What makes you think you can give notice 10 months into 12 month fixed term. Unless it's appropriate notice to coincide with end of the fixed term.


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    #3
    thegreatiam
    Registered Users Posts: 2,869 ✭✭✭thegreatiam


    Baby01032012 wrote: »
    What makes you think you can give notice 10 months into 12 month fixed term. Unless it's appropriate notice to coincide with end of the fixed term.

    Checked the contract


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    #4
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    I am not sure what kind of clauses you have in your lease that allow a notice within the fixed term and it would be impossible to opinate without seeing the lease, so I shall just focus on the act of serving the notice.

    In theory the way you served is perfectly legal if the other party acts in good faith. But after years in this business I have to assume that there is a good chance that the other party does not act in good faith. So this is how I suggest you to serve a notice that is RTB foolproof: serve it personally as you did (forget registered letter), serve it with an independent witness that will print his name and countersign the notice and that is willing to go all the way to the RTB, take a photo of the notice in front of the door of the party being served and then deliver it. Even better if the party being served can sign for receipt, but this is not possible in many cases.
    If you serve your notice as I described the RTA puts the onus on the served party to show he did not receive it, some smartass usually tries but I have never seen a single adjudication where notices served with witness were deemed not to have been served, so it is a really bad defense tactic. You can serve the notice again in this way, the RTA puts no limit in the number of notices you can serve.

    Good luck, be aware that serving a no reason termination notice that expires within a fixed term period and not expecting to pay any penalty is bound to cause problems.


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