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

Bit of help needed Re :Eviction Notice

Options
  • 15-05-2023 11:30pm
    #1
    Hellrazer
    Moderators, Arts Moderators, Recreation & Hobbies Moderators Posts: 10,676 Mod ✭✭✭✭


    Hi all,

    Looking for some advice regarding a friend who just received a notice to end their tenancy. Theyve been there for 11 years and have never had any issues with rent or anything like that. Probably the best tenants a LL could ask for in my opinion. They are a non national family whose English wouldnt be the best regarding the likes of these sort of things.

    Couple of things that arent sitting right with me regarding the notification.

    1. Notice was sent in an email and according to the RTB website email isnt sufficient way to notify someone. It must be in writing and a copy sent to the RTB which leads me on to point 2.
    2. I cant find the property tenancy as being registered on the RTB website yet my friend has a letter dated August 2022 with a RT reference number on it stating that they tenancy is registered and the LL will receive notice each year to register the property.
    3. The reason stated is that the LL needs the property for his nephew which is fair enough but is there not a declaration that needs to accompany the notice of termination of tenancy?
    4. The letter above states that the tenancy started in 2020 yet they have lived there for 11 years - the difference being if its only 3 years they get 180 days notice but for 11 years its almost 8 months notice.

    I understand that the LL needs the property back but surely the notification has to be correct and legal.

    Im checking that its all above board for them as they feel they could be getting taken advantage of because of the language barrier.

    Any advice appreciated.

    Thanks,



Comments

  • Options
    #2
    newmember2
    Registered Users Posts: 2,596 ✭✭✭newmember2


    Yes the landlord needs to submit a formal declaration along with the notice to quit and must provide a copy of each both to the tenant and RTB on the same day and in writing. Ring the RTB as regards the tenancy as many do not appear in their online search tool. I'm not sure of the legal position as, as it stands, the notice is invalid and the landlord will need to resubmit and start the notice period all over again once they are informed that the notice given is invalid. But at the same time there is a 28 day period (afaik) from the receipt of the notice, where the tenant can open a dispute about the eviction - so I'm not sure in what circumstances either path is meant to be followed. On the length of the tenancy - do the tenants have any documentation relating to the period pre 2020, as this can be mentioned to the RTB if it's the case that the landlord only first registered the tenancy with them in 2020.



  • Options
    #3
    howiya
    Registered Users Posts: 3,295 ✭✭✭howiya


    https://www.boards.ie/discussion/comment/120601905#Comment_120601905

    Think this changed last year from 28 days to 90 days



  • Options
    #4
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    The LL must give the tenant and written hard copy of the notice, they can email it to RTB or send it in as a hardcopy too. Your friend should get the notice due for 11 years not two. They have 90 days to open a dispute with the RTB. If the LL's Nephew deicides not to move in your friend has first refusal at the old rent + 2% per year since last rent set.

    By the way there probably in no Nephew.



Advertisement