Fixed 1 yr/Joint Tenancy

l5auim2pjnt8qx

Hi Again Back with an Update to the OP.

1 tenant has now left property leaving 2 tenants rolling over into new month after Fixed term ended.
Remaining 2 tenants have just paid for there part of the original tenancy ,so they have paid 2/3 of rent claiming we should go after tenant that left for remaining sum.

We have now giving them a 42 days termination notice as we require property
for ourselves.

My question is do I go after the 1 tenant who has left and provided no forwarding address ,or put pressure on remaining tenants to cough up as it was a joint tenancy and all 3 tenants gave me "notice of intention" to stay on after the fixed term ended.

I have contacted the RTB and they have told me that 1 tenant going should have given me 42 days notice ....not sure how correct that is, or should I just submit a case to the RTB and let them make a Ruling.

4ensic15

Rayan Raspy Penalty wrote: »

Hi Again Back with an Update to the OP.

1 tenant has now left property leaving 2 tenants rolling over into new month after Fixed term ended.
Remaining 2 tenants have just paid for there part of the original tenancy ,so they have paid 2/3 of rent claiming we should go after tenant that left for remaining sum.

We have now giving them a 42 days termination notice as we require property
for ourselves.

My question is do I go after the 1 tenant who has left and provided no forwarding address ,or put pressure on remaining tenants to cough up as it was a joint tenancy and all 3 tenants gave me "notice of intention" to stay on after the fixed term ended.

I have contacted the RTB and they have told me that 1 tenant going should have given me 42 days notice ....not sure how correct that is, or should I just submit a case to the RTB and let them make a Ruling.

You should serve a notice of rent arrears on the tenants at the dwelling address (including the one who moved out). If the rent is not paid, open a dispute. This case explains the position
https://www.rtb.ie/docs/default-source/tribunal-reports/tr0716-001857-dr0316-25093-report.pdf?sfvrsn=0

GGTrek

OP you got really good advice by 4ensic15 with even case law indicated. The remaining two joint tenants do not understand what joint tenancy means. Serve the 14 days rent arrears notice as well and in 14 days the termination notice for rent arrears. Be prepared for a legal battle since your remaining tenants probably got wrong advice.

l5auim2pjnt8qx

Thanks for the advice !!

Yes I have read up on the 14 days rent arrears notice but that follows
a 28 days notice of termination, I have already issued a 42 days days notice of
termination and would be afraid by that issuing a further 28 days after the 14 days it would coincide with "original Termination Notice" and one would cancel out the other .........
OR

they would both cancel each other out and be deemed invalid ?.

4ensic15

Rayan Raspy Penalty wrote: »

Thanks for the advice !!

Yes I have read up on the 14 days rent rent arrears notice but that follows
a 28 days notice of termination, I have already issued a 42 days days notice of
termination and would be afraid by that issuing a further 28 days after the 14 days it would coincide with "original Termination Notice" and one would cancel out the other .........
OR

they would both cancel each other out and be deemed invalid ?.

You are entitled to issue as many notices of termination as you wish. They can be on different grounds.
http://www.courts.ie/Judgments.nsf/0/C1CB56458BC746FC80257346005538F5

GGTrek

Rayan Raspy Penalty wrote: »

Thanks for the advice !!

Yes I have read up on the 14 days rent arrears notice but that follows
a 28 days notice of termination, I have already issued a 42 days days notice of
termination and would be afraid by that issuing a further 28 days after the 14 days it would coincide with "original Termination Notice" and one would cancel out the other .........
OR

they would both cancel each other out and be deemed invalid ?.

Termination notices for different reasons don't cancel each other out. But if you want to be very clear write at the beginning of the notice this statement: "this termination notice is being served without prejudice to the other termination notices you have received"
Nothing is simpler to prove at the RTB than rent arrears if rent is paid into a bank account. While your termination notice for family will be questioned and you will be asked to prove that you have a necessity to move in (renting somewhere else), job move, school move, ...
Add at least a day to each notice period.