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Need solicitor to help with notice of renatl termination

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  • 08-04-2020 8:15pm
    #1
    Registered Users Posts: 7


    Hi,
    Can anyone recommend a good solicitor who is experienced with the rental laws and advice on how to proceed with RTB rental disputes. Preferably in the Dublin area. Primarily to get good initial advice on how to avoid potential conflict with a tenant.
    Please PM me if you have a recommendation.
    Tagged:


Comments

  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Follow the rules and you won't need one.

    Do everything correctly, if they aren't paying give the 14 day rent arrears and go from there.
    Registered letters and proof of all contact.

    Be formal and not confrontational.

    There is a stop on all termination at the moment though with covid19.


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    Follow the rules and you won't need one.

    Do everything correctly, if they aren't paying give the 14 day rent arrears and go from there.
    Registered letters and proof of all contact.

    Be formal and not confrontational.

    There is a stop on all termination at the moment though with covid19.

    If only that dream were true. We assume people will respect the law, but it has been proven time and again a tenant who wants to mess around can do so and the law will do nothing.


  • Registered Users Posts: 37,299 ✭✭✭✭the_syco


    No point in even trying to evict anyone for the next three months.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    If only that dream were true. We assume people will respect the law, but it has been proven time and again a tenant who wants to mess around can do so and the law will do nothing.

    It's the only way, they could over stay of course and most likely will but once everything is done correctly it will be best in the long run....


  • Registered Users Posts: 267 ✭✭overkill602


    It's the only way, they could over stay of course and most likely will but once everything is done correctly it will be best in the long run....


    Sad thing is that when they stop paying some the start trashing


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  • Registered Users Posts: 6,031 ✭✭✭lomb


    If they are Irish tell them you'll bankrupt them later and that will stop them getting credit for 15 years or whatever.


  • Registered Users Posts: 7 DL Man


    If only that dream were true. We assume people will respect the law, but it has been proven time and again a tenant who wants to mess around can do so and the law will do nothing.
    Thanks all for your replies.

    Is it ok to issue a 14 day rent arrears letter under the current emergency legislation? Any links to a sample letter appreciated.


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    DL Man wrote: »
    Thanks all for your replies.

    Is it ok to issue a 14 day rent arrears letter under the current emergency legislation? Any links to a sample letter appreciated.

    If the rent is over due can you not issue it now.. has the new law changed that right ?


  • Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    If the rent is over due can you not issue it now.. has the new law changed that right ?

    All you can do is issue the demand. It is very tricky. The legislation is ambiguous and there will be many a tear shed when these cases each the RTB.


  • Registered Users Posts: 590 ✭✭✭Paulownia


    At the moment the tenant can do anything that they want and the landlord is helpless, they can stop paying, and even people who can afford to pay may do this, wreck the joint, terrorise the neighbours etc!


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  • Registered Users Posts: 1,700 ✭✭✭dennyk


    I'd think you could issue the initial 14-day notice of arrears, as the act only prohibits "notices of termination". You can't issue the follow-up 28 day notice of termination, though, so your initial notice will be a bit toothless at the moment. It should at least allow you to issue the 28-day notice as soon as the emergency period ends, though, if the tenant hasn't paid off their arrears before then.


  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    All RTB evictions are paused by covid emergency laws


  • Registered Users Posts: 590 ✭✭✭Paulownia


    You can issue a warning and follow that up with a final warning and then a notice to quit the minute the ban is lifted


  • Registered Users Posts: 1,079 ✭✭✭dancingqueen


    Paulownia wrote: »
    You can issue a warning and follow that up with a final warning and then a notice to quit the minute the ban is lifted

    No you can't because that is not the correct procedure.

    Has the tenant stopped paying rent OP and when?


  • Registered Users Posts: 590 ✭✭✭Paulownia


    No you can't because that is not the correct procedure.

    Has the tenant stopped paying rent OP and when?

    You can, check with the PRTB


  • Registered Users Posts: 1,079 ✭✭✭dancingqueen


    Paulownia wrote: »
    You can, check with the PRTB

    A notice to quit does not apply to residential tenancies.

    14 day warning
    28 day notice to terminate

    we are not aware of the details of this particular tenancy so we can not comment on what can/should/might happen without correct information.


  • Registered Users Posts: 590 ✭✭✭Paulownia


    Notice of termination then but they do need a warning first, always worth ringing the PRTB for the correct formula


  • Registered Users Posts: 1,079 ✭✭✭dancingqueen


    Paulownia wrote: »
    Notice of termination then but they do need a warning first, always worth ringing the PRTB for the correct formula

    That is what I have said in my previous post. I work in this industry.


  • Registered Users Posts: 590 ✭✭✭Paulownia


    That is what I have said in my previous post. I work in this industry.

    I’m in the midst of a case at the moment except that the reason I need rid of the people is not a rent issue but antisocial behaviour and it’s a total nightmare with the temporary restrictions


  • Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Ringing the RTB is a fat lot of good. You will be talking to the clerical staff. It can well be different when you get to an adjudication or a Tribunal.


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