Given notice

scudzilla

We've been renting a gaff for 5 1/2yrs, 6yrs this June, Landlord gave us notice (via text :rolleyes::rolleyes:) 2 months ago that he was selling, told him that he had to give us 5 months notice as is the law, so he said ok, 5 it is, still all by text.

Now i know that text notice doesn't count, and come June we can say that it was illegal and we need it in writing, then we're in gaff for 6yrs so will get 6 months notice.

He then texted to say he wasn't selling but was moving in himself, now if he doesn't and then decides to rent it within 6 months he has to offer it us first, what i'm unclear about is if he has to offer it us at the rent we're at now, we're in Meath.

If i'm wrong about any of the above please feel free to point it out

4ensic15

scudzilla wrote: »

We've been renting a gaff for 5 1/2yrs, 6yrs this June, Landlord gave us notice (via text :rolleyes::rolleyes:) 2 months ago that he was selling, told him that he had to give us 5 months notice as is the law, so he said ok, 5 it is, still all by text.

Now i know that text notice doesn't count, and come June we can say that it was illegal and we need it in writing, then we're in gaff for 6yrs so will get 6 months notice.

He then texted to say he wasn't selling but was moving in himself, now if he doesn't and then decides to rent it within 6 months he has to offer it us first, what i'm unclear about is if he has to offer it us at the rent we're at now, we're in Meath.

If i'm wrong about any of the above please feel free to point it out

The landlord still hasn't given you any proper notice. If he wants you out on the grounds he is moving in, he has to give you proper written notice as well a statutory declaration. When you point this out to him, he will have to start again.
Are you in an RPZ?

Graham

To be valid the notice must:

Be in writing
Be signed by the landlord or authorised agent
Give the date the notice is sent
State the grounds for ending the tenancy (if the tenancy has lasted for more than 6 months or is a fixed term tenancy). If a tenancy lasts 6 months or more, the landlord must use one of the 6 permitted grounds to end the tenancy
Give the date by which the tenant must leave the property and state that the tenant has the full 24 hours to leave the property. To find out the correct number of days or 'notice period' to give click here
State the tenant has 28 days from the date they receive the notice of termination to refer the it to the RTB if they have any question about its validity or the landlords right to serve the notice to them

Source:

https://onestopshop.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/

Check to see if you are in a designated RPZ: https://www.rtb.ie/rent-pressure-zones

There are strict limits on rent increases in an RPZ, these limits apply to the property (not just your tenancy).

scudzilla

4ensic15 wrote: »

The landlord still hasn't given you any proper notice. If he wants you out on the grounds he is moving in, he has to give you proper written notice as well a statutory declaration. When you point this out to him, he will have to start again.
Are you in an RPZ?

No, just checked, not in RPZ

I'm really not up to date with all the ins and outs, i've read the threshold page.

If he rents it out again within 6 months he has to offer it us, at the same rent??

Also, the house needs a lot of work doing to it, my guess is he wants us out to get someone else in who will pay 400euro or so more a month, we're on a pretty decent rent as great tenants, cause no hassle and cost him nothing.
He's not registered on prtb site and we pay rent in cash, lodge stright into his bank

4ensic15

Parts of Meath are RPZs. Are you in one?

Graham

scudzilla wrote: »

He's not registered on prtb site and we pay rent in cash, lodge stright into his bank

Makes no odds, RTB will still provide support and landlord could end up getting stung for failing to register.

garhjw

scudzilla wrote: »

No, just checked, not in RPZ

I'm really not up to date with all the ins and outs, i've read the threshold page.

If he rents it out again within 6 months he has to offer it us, at the same rent??

Also, the house needs a lot of work doing to it, my guess is he wants us out to get someone else in who will pay 400euro or so more a month, we're on a pretty decent rent as great tenants, cause no hassle and cost him nothing.
He's not registered on prtb site and we pay rent in cash, lodge stright into his bank

OP I wouldn’t rely on threshold to give accurate information. Rely on the RTB. You have 2 things to deal with. 1. Landlord wants you out for whatever reason. He will eventually get the eviction notice correct. 2. You need to start looking for somewhere else to live. Better to start lookin* sooner rather than later. Good luck

scudzilla

garhjw wrote: »

OP I wouldn’t rely on threshold to give accurate information. Rely on the RTB. You have 2 things to deal with. 1. Landlord wants you out for whatever reason. He will eventually get the eviction notice correct. 2. You need to start looking for somewhere else to live. Better to start lookin* sooner rather than later. Good luck

Of course, we know that we need to find somewhere and we're actively looking, just that this would give us a bit of extra time to look as places are very thin on the ground, especially with 2 dogs

4ensic15

scudzilla wrote: »

Of course, we know that we need to find somewhere and we're actively looking, just that this would give us a bit of extra time to look as places are very thin on the ground, especially with 2 dogs

You will easily get another year out of it, the way things are going.

scudzilla

4ensic15 wrote: »

You will easily get another year out of it, the way things are going.

Don't want to be that awkward, as in getting a year out of it, just the proper notice and given the proper way and we'll be grand

Something i still can't find out though, if he should rent again within 6 months of us leaving, i know he legally has to offer it back to us, would that be at same rent or not? We're not in an RPZ

godtabh

scudzilla wrote: »

Don't want to be that awkward, as in getting a year out of it, just the proper notice and given the proper way and we'll be grand

Something i still can't find out though, if he should rent again within 6 months of us leaving, i know he legally has to offer it back to us, would that be at same rent or not? We're not in an RPZ

Does a make a difference? You'll have moved on and if he does offer it back to you for what ever rent how likely are you to take it 6 months later?

dennyk

No, if it's not in an RPZ then he only has to offer it back to you at market rate if it becomes available to rent again within six months; you aren't entitled to your old rent amount.

Unless he has a problem with you in particular, I don't know why he'd risk booting you illegally just to bring in new tenants; he could simply raise your rent to the market price with a 90 day notice, assuming he hasn't raised the rent in the past 24 months, and if you decide to leave rather than pay the new rent then he's no worse off. Sounds more like the landlord's own situation might not be entirely stable and he doesn't really know what he's going to be doing with the place.

Either way, text messages aren't proper notice for ending tenancies or for rent reviews; he needs to provide the properly formatted notice and all required accompanying documentation in writing as per the RTB rules, and the notice periods for either don't begin until you've received a proper notice.

scudzilla

godtabh wrote: »

Does a make a difference? You'll have moved on and if he does offer it back to you for what ever rent how likely are you to take it 6 months later?

dennyk wrote: »

No, if it's not in an RPZ then he only has to offer it back to you at market rate if it becomes available to rent again within six months; you aren't entitled to your old rent amount.

Unless he has a problem with you in particular, I don't know why he'd risk booting you illegally just to bring in new tenants; he could simply raise your rent to the market price with a 90 day notice, assuming he hasn't raised the rent in the past 24 months, and if you decide to leave rather than pay the new rent then he's no worse off. Sounds more like the landlord's own situation might not be entirely stable and he doesn't really know what he's going to be doing with the place.

Either way, text messages aren't proper notice for ending tenancies or for rent reviews; he needs to provide the properly formatted notice and all required accompanying documentation in writing as per the RTB rules, and the notice periods for either don't begin until you've received a proper notice.

Thanks for that, no , doubt we'd want to come back as too much hassle moving out then moving back, i just thought that he'd get us out, hold on for a month then re-rent at 350/400 a month more. We are paying lower than the market price but i don't think he's paying any tax on it, pretty sure he isn't in fact.
He raised our rent 30% early last year and we're still below the market value.
Could always offer to up the rent if he'd let us stay but could end up in same situation next year.
Not a nice situation to be in

Wesser

I love the way everyone assumes the worst in the landlord.... that he's not paying tax.... that he is only terminating the lease so he can increase the rent.... I assume there are a number of landlords out there who are honest?

4ensic15

Wesser wrote: »

I love the way everyone assumes the worst in the landlord.... that he's not paying tax.... that he is only terminating the lease so he can increase the rent.... I assume there are a number of landlords out there who are honest?

Good luck finding them.

BnB

scudzilla wrote: »

Don't want to be that awkward, as in getting a year out of it, just the proper notice and given the proper way and we'll be grand

You don't want to be awkward...?????? Are you freggin' serious

He gave you 2 months notice. You looked for 5. You got it. What difference does it make to you whether you got it in a text message or written out on a gold plated freggin tablet.

You are going out of your way just to be awkward. You got your five months notice - Why not act like a decent person and just move out.

scudzilla

BnB wrote: »

You don't want to be awkward...?????? Are you freggin' serious

He gave you 2 months notice. You looked for 5. You got it. What difference does it make to you whether you got it in a text message or written out on a gold plated freggin tablet.

You are going out of your way just to be awkward. You got your five months notice - Why not act like a decent person and just move out.

Are you serious? Given 2 months notice when we've been there 5 1/2yrs, then was extended by text

Just want him to act within the law and won't be pushed about

ELM327

BnB wrote: »

You don't want to be awkward...?????? Are you freggin' serious

He gave you 2 months notice. You looked for 5. You got it. What difference does it make to you whether you got it in a text message or written out on a gold plated freggin tablet.

You are going out of your way just to be awkward. You got your five months notice - Why not act like a decent person and just move out.

In any other business notice cannot be served by text, why should property letting be any different.