Is this a valid acceptable reason to end a tenancy?

spaceHopper

https://www.boards.ie/discussion/comment/120386963#Comment_120386963

The problem is that renting used to be something you did in your 20's then you bought, move to a council house flat... renting wasn't social housing or a long term thing. It was part of growing up and convenient. Then the state sold off it housing stock and never replaced it. To deflect responsibility they've created a renters against landlords. They've passed so many laws and made so many changes it would make your head spin. So now landlords have had enough and are selling and not been replaced.

https://www.boards.ie/discussion/comment/120387556#Comment_120387556

I had a case where a tenant contested the validity of the notice they were given.

Can't remember the exact figures, but it was something like.........entitled to 90 days notice, gave 120 days as a precaution (and because it was Christmas time), notice contested on day 100, case opened with RTB. Until this stage, they had given me no indication they would contest it.

At the very start of the RTB hearing (2 months later), I asked how come the case was going ahead, considering 100 days was in contradiction of the prescribed 28* days to contest the validity of the notice. RTB adjudicator said "that limit only applies with valid notices". I queried this interpretation and asked her to elaborate..........

"so, according to the RTB.......you have 28 days to contest a notice and query its validity, unless that notice is invalid, in which case there is no time limit?.......which further means, that an RTB case on whether or not a notice is valid can ONLY be opened on VALID notices, is this correct?"

Her answer was yes.

*increased to 90 days since

Marie1976

https://www.boards.ie/discussion/comment/120387854#Comment_120387854

I'm a little lost by your comment. If your notice was valid how could it be contested after all that time?

https://www.boards.ie/discussion/comment/120387908#Comment_120387908

Join the club. Still doesn't make any sense to me.

spaceHopper

https://www.boards.ie/discussion/comment/120387854#Comment_120387854

I'd ask them to give that in writing and have they got the opinion of a barrister that it complies with the law because I'll be getting one.

What happened in the end? Did you rule against you. Do you still have the property ?

Dav010

https://www.boards.ie/discussion/comment/120386963#Comment_120386963

Careful on that big horse.

SwimClub

https://www.boards.ie/discussion/comment/120387854#Comment_120387854

Moral of the story seems to be to keep the notice period as short as is legally possible, no good deed goes unpunished.

They've just created a completely nasty environment.

Presumably appeals aren't valid after the final date on the notice- although nothing would surprise me.

https://www.boards.ie/discussion/comment/120388143#Comment_120388143

Lost the case, had to reinstate the tenant until they left under threat of a wrongful eviction if i didn't (€20k fine), had to allow the other tenants to break the lease and leave early (conflict between them was the reason for the notice in the 1st place), also had to allow the reinstated tenant to sublet the other room as they couldn't afford the full rent on their own and refusal could be seen as 'constructive eviction'.

Got burned by the subletting tenant when they stopped paying rent and the valid notice to evict them was due to expire in late March 2020....then Covid came to town, so no more evictions for any reason until August that year.

He eventually left in June, owing about €6k in back rent.

Sold it ASAP after that.