Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Situation with the landlord

Options
13»

Comments

  • Options
    #62
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Ray Palmer wrote: »
    It pretty simple if the notice doesn't let the tenant knows how long they have to appeal based on the letter from the landlord they aren't held to the 28 day rule.
    If the notice was invalid but included the details of appeal then they are held to the 28 day rule.

    the notice would be invalid if it didn't have the 28 day clause anyway. That might be relevant if the tenant is asking to extend the time to make a complaint of an invalid notice.
    It is different if the landlord opens a dispute. The RTB allow the tenant to challenge the validity of the notice at adjudication or tribunal. The tenant is not held to the 28 days. It is for the landlord to prove a valid notice of termination. the legislation doesn't say that after 28 days, the notice is presumed to be valid.


  • Options
    #63
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    So when is the tenant held to 28 days?


  • Options
    #64
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Deleted User wrote: »
    So when is the tenant held to 28 days?

    If the tenant goes to the RTB after 28 days and attempts to open a dispute. The tenant can apply for an extension of time, but the RTB rarely grant such an extension.


  • Options
    #65
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Or Alternatively, they can over hold and then once a case is opened by the landlord, say they found the notice invalid, thereby bypassing the 28 day requirement?

    Seems like a pretty big loophole.


  • Options
    #66
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Deleted User wrote: »
    Or Alternatively, they can over hold and then once a case is opened by the landlord, say they found the notice invalid, thereby bypassing the 28 day requirement?

    Seems like a pretty big loophole.

    It can be very harsh on a landlord to have a technical issue with the notice being used months after serving it. The moral of the story is to get the notices right first time.


  • Advertisement
  • Options
    #67
    Subutai
    Registered Users Posts: 293 ✭✭Subutai


    [Deleted User] wrote: »
    Or Alternatively, they can over hold and then once a case is opened by the landlord, say they found the notice invalid, thereby bypassing the 28 day requirement?

    Seems like a pretty big loophole.

    It's not a loophole. If damages arise specifically out of the invalid notice of termination, and the tenants want compensation for these, then the route to that will be cut off from them after 28 days. For example, if I leave on foot of an invalid notice of termination and rent somewhere with a higher rent, and on day 30 realise that it was invalid, I would not be entitled to compensation. If a realised on day 27 and submitted a dispute, if the RTB agree that the notice was invalid I may be compensated to the tune of the difference between my new rent and my old rent.


  • Options
    #68
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Subutai wrote: »
    It's not a loophole. If damages arise specifically out of the invalid notice of termination, and the tenants want compensation for these, then the route to that will be cut off from them after 28 days. For example, if I leave on foot of an invalid notice of termination and rent somewhere with a higher rent, and on day 30 realise that it was invalid, I would not be entitled to compensation. If a realised on day 27 and submitted a dispute, if the RTB agree that the notice was invalid I may be compensated to the tune of the difference between my new rent and my old rent.

    Thanks for that, I was talking about fighting the notice purely in terms of vacating the property as opposed to seeking damages. Hadn't thought of that.


  • Options
    #69
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Claw Hammer wrote: »
    It can be very harsh on a landlord to have a technical issue with the notice being used months after serving it. The moral of the story is to get the notices right first time.

    The moral is, it doesn't matter if you get it right or not when the tenant a) has no obligation to confirm they find the notice valid and b) can refuse to vacate the property once the notice expires and wait for you to open a case.

    In the above scenario, even if you've done everything by the book, best case is your tenant can extend the lease by as many months as it takes for an RTB hearing to convene. That is bananas.


  • Options
    #70
    Technocentral
    Registered Users Posts: 6,104 ✭✭✭Technocentral


    Good luck OP, absolute nightmare trying to get a place to live in Dublin, I feel your pain.


  • Options
    #71
    rightmove
    Registered Users Posts: 995 ✭✭✭rightmove


    [Deleted User] wrote: »
    The moral is, it doesn't matter if you get it right or not when the tenant a) has no obligation to confirm they find the notice valid and b) can refuse to vacate the property once the notice expires and wait for you to open a case.

    In the above scenario, even if you've done everything by the book, best case is your tenant can extend the lease by as many months as it takes for an RTB hearing to convene. That is bananas.

    Banana republic


  • Advertisement
Advertisement