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RTB Case

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  • 20-09-2019 3:09pm
    #1
    Gjp650
    Registered Users Posts: 46 ✭


    hi,
    i'm getting ready for an RTB case.
    tenants have been issued notice. not expecting them to move out.
    are any of the landlord websites any use? would you recommend joining any of them?
    see some of them offer tips on getting ready for RTB cases, etc
    thanks


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    #2
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    . Having gone through the RTB over the last 18 months my first stop would a solicitor to get advice.


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    #3
    sk8board
    Registered Users Posts: 3,337 ✭✭✭sk8board


    LL here. Get a solicitor with RTB experience. The RTB can be surprisingly understanding of the facts of a case, without undue bias to a tenant just because their decision could result in them being evicted.

    However, they won’t entertainer jokers or not being prepared and will just send you away to get yourself together for another day well in the future.
    A solicitor does this for a living.


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    #4
    terrydel
    Closed Accounts Posts: 3,881 ✭✭✭terrydel


    Gjp650 wrote: »
    hi,
    i'm getting ready for an RTB case.
    tenants have been issued notice. not expecting them to move out.
    are any of the landlord websites any use? would you recommend joining any of them?
    see some of them offer tips on getting ready for RTB cases, etc
    thanks
    This board is a landlord board. No need to go elsewhere.

    And what evidence do you have that makes you certain they won't move out?


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    #5
    Gjp650
    Registered Users Posts: 46 ✭Gjp650


    thanks, does the solicitor come into the RTB with you or should I get them to prepare the case?
    Just never gone through this before so not sure of the process.
    thanks


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    #6
    Gjp650
    Registered Users Posts: 46 ✭Gjp650


    terrydel wrote: »
    This board is a landlord board. No need to go elsewhere.

    And what evidence do you have that makes you certain they won't move out?
    it's one story after another.
    nearly certain that they won't just go that easy.


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    #7
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    Do a folder up and have all correspondences laid out.

    Any contact from you and dates and times same goes from them if any contact.

    Put out the fact of why you need them out as in what's the purpose.

    Don't get heated or talk over the Tennant's if they go to the meeting and be professional about it all and clearly state your case.

    I wouldn't bring up that you believe they won't leave as this will look bad.

    Make sure any notice given by you was perfect and given in the correct way and timing also.


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    #8
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    Gjp650 wrote: »
    thanks, does the solicitor come into the RTB with you or should I get them to prepare the case?
    Just never gone through this before so not sure of the process.
    thanks

    Solicitor will be with you. In my cases I also brought a barrister.
    Money well spent.


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    #9
    Baby01032012
    Registered Users Posts: 1,622 ✭✭✭Baby01032012


    If you’ve given notice to terminate you know you are legally obliged now to send that notice to the rtb within 28 days. Just checking that first.


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    #10
    Gjp650
    Registered Users Posts: 46 ✭Gjp650


    Baby01032012 wrote: »
    If you’ve given notice to terminate you know you are legally obliged now to send that notice to the rtb within 28 days. Just checking that first.

    no, never knew that. thanks
    what happens if i'm late with it? Just I gave the tenants slightly more than 28 days to vacate just to be sure with dates, etc


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    #11
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    Gjp650 wrote: »
    no, never knew that. thanks
    what happens if i'm late with it? Just I gave the tenants slightly more than 28 days to vacate just to be sure with dates, etc


    It is obvious that you have very little knowledge of what you are actually supposed to do, so you should contact a Tenant Law solicitor and follow his/her advice. You will likely pay dearly if you fail to follow the advice that was given to you.


    The only way you can issue immediately a termination notice of 28 days is in the first 6 months of the tenancy and with no fixed term established in the tenancy agreement (in such case no RTB notification is required). In all the other cases (even for breach of tenancy agreement or ASB) you would need to provide warning. Each type of termination notice has different requirements.


    Even the form provided by the RTB does not include the whole list of the posssible causes for termination:
    https://onestopshop.rtb.ie/images/uploads/forms/NoT_Returns_Form_.pdf
    (typical botched job of a pro-tenant statutory body)


    Also it is not clear from the new amendment if a Section 34(b) termination notice (end of part 4) would require a notification to the RTB (the RTB does not include it in their form, since it is not in the table of grounds for termination of section 34).


    You are playing with fire without any protection in my opinion.


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