Is a notice of termination served in an older format valid?

21-03-2023 7:47pm #1

My landlord served me a notice of termination in an old format pre 6th of July 2022. My question is if that is still valid since there are significant differences between the old one and the new one. Thank you

FishOnABike · 21-03-2023 9:00pm

Does the notice meet the requirements that were in place at the time it was served?

22-03-2023 12:12pm

Does it meet the requirements of a valid notice, see below:

https://www.rtb.ie/ending-a-tenancy/notices-of-termination

If not contact the landlord in order to receive correct notice.

meijin · 22-03-2023 3:39pm

https://www.boards.ie/discussion/comment/120386999#Comment_120386999

Haha, sure. And send him a corrected form to sign? 🤣

Serious answer, if you can't move soon: wait until close to 90 days when you can challenge the notice with RTB. File a dispute with RTB to challenge Validity of notice of termination. Wait for a new notice, or for the dispute adjudication/mediation.

DownByTheGarden · 22-03-2023 4:10pm

https://www.boards.ie/discussion/comment/120387977#Comment_120387977

And here is why landlords are leaving, never to be seen again, and no new landlords will be taking their places.

So the landlord wanted their property back and gave the correct notice period, the best part of a year ago, but may have had some words or letters in the wrong places.

So instead of looking for a new place we now we do everything we can to punish him for that and hang on to the property? And as a result he has to wait lord knows how long to get his property back.

Yes rent controls work.

meijin · 23-03-2023 11:59am

https://www.boards.ie/discussion/comment/120388116#Comment_120388116

You misread my post. You've missed "if you can't move soon". The choice might be to stay or be homeless.

Emblematic · 23-03-2023 2:33pm

If you are being evicted due to the landlord selling the property, check out the tenant-in-situ scheme where the local authority purchases the property from the landlord and the tenant becomes a local authority tenant without having to become homeless or move.

A possible option if all else fails.

23-03-2023 2:49pm

https://www.boards.ie/discussion/comment/120387977#Comment_120387977

Op asked a question regarding the validity of an eviction notice with out providing the eviction notice to review. I pointed them in the direction of information that would help them determine if the notice was valid or not.

We can't determine if the notice is valid or not from the information provided. If the OP decides to sit on it until the notice is up and it turns out to be valid the landlord will counter their claim and best of look trying to find a new place when there is an RTB determination order against them for overholding.

The tenant-in-situ scheme currently is of no benefit to the landlord 99% of landlords will put it on the open market instead of limiting themselves to a council only sale. If the OP has difficulty finding a new place the state and charities have supports in place for temporary accomidation.

SwimClub · 23-03-2023 4:06pm

I think the OP is asking whether the fact that the notice format changed after the landlord issues invalidates it and I think the first answer is correct, what matters is that it was issued in the correct format at the time it was issued. RTB will only consider any appeal sent to them more than 90 days after it was issued if the original notice was invalid, otherwise they will tell you that you are too late to appeal the notice as there is a 90 day deadline to appeal.

23-03-2023 4:56pm

I am the OP. The notice was issued in October 2022 and the landlord used the older format pre 6th of July 2022. There are differences between the old format and the new format, otherwise what would have been the point in RTB issuing a new form?

For instance the landlord doesn't say anywhere that he will do his best to get my details and contact me in case the property becomes available within the period of 12 months. He has no intention of doing that even though he has to. He doesn't seem to be aware that he is the one that must make reasonable inquiries to obtain the tenant's contact details for the purpose of offering the property back, not the tenant. He expects the tenant to do that within 28 days of receiving the notice. He also states that the tenant has only 28 days not 90 days as updated if there are any issues regarding the validity of the notice.

Thank you very much to those of you who provide an answer not only for the sake of finding themselves busy.

Ginger83 · 23-03-2023 5:20pm

You can dispute things but the clock has begun regardless if you can delay it or not so the best advice may be to look for a new accommodation and if/when you find it GO!

Good luck with whatever you decide.

24-03-2023 11:07am

So you have had 5 months to determine if the notice was valid and decided to run the clock down before bringing this to your landlords attention.

RTB provide templates that landlords can use but the landlord is free to draft their own notice once the information contained in it is correct.

Most landlords would capture the tenants additional contact details in the lease agreement but this only becomes an issue if the landlord doesn't follow through on their reason for eviction.

You could challenge the eviction notice on the grounds that the incorrect timeline was given regarding challenging it but the fact you are up near 150 days it may not go in your favor creating potently more problems for you in the future if you intend to continue renting instead of buying a house.

SwimClub · 24-03-2023 11:28am

If you are allowed to challenge a termination notice even though you are outside 90 days notice period and the RTB accept the challenge even though it's late, it would completely invalidate your reason for challenging it, i.e. that you weren't given enough time and that prevented you from challenging it! Seems like a catch 22 situation.

24-03-2023 11:36am

https://www.boards.ie/discussion/comment/120392409#Comment_120392409

What do you mean that he will do his best to get your details to Co tact you? You mean he doesn’t know your contact address? 🤣

24-03-2023 2:43pm

If I move out of his property, how will he know?

24-03-2023 2:45pm

I did it within the 90 days. Awaiting the mediation.

DownByTheGarden · 24-03-2023 3:22pm

https://www.boards.ie/discussion/comment/120395868#Comment_120395868

You could tell him.

quokula · 24-03-2023 3:27pm

https://www.boards.ie/discussion/comment/120396122#Comment_120396122

But that would defeat the purpose of trying to strip the home owner of their rights to their own property on the basis of a tenuous technicality.

Marie1976 · 24-03-2023 3:31pm

I think anyone who contests the validity of a notice after been given adequate notice is killing all good will going forward regardless if the notice is on the correct form or on the back of a pizza box.

SwimClub · 24-03-2023 9:34pm

https://www.boards.ie/discussion/comment/120395874#Comment_120395874

So you complained that they didn't notify you that you could challenge a notice within 90 days, and you did that within 90 days?

24-03-2023 11:18pm

Is that what you understood from my post? You must be very tired. Go to bed. Good night!

Akrasia · 24-03-2023 11:23pm

https://www.boards.ie/discussion/comment/120388116#Comment_120388116

You'd swear Tenant's are some kind of invasive species. Nowhere in the Op does it say the eviction noticed was filed more than a year ago.

Akrasia · 24-03-2023 11:25pm

https://www.boards.ie/discussion/comment/120396148#Comment_120396148

When you rent your property to someone else for a large profit,you renague some of your property rights. You have obligations to your tenants

SwimClub · 24-03-2023 11:53pm

https://www.boards.ie/discussion/comment/120398091#Comment_120398091

What I understood from your post is that the landlord has given you the proper amount of notice. You are objecting that he didn't include your contact details on the notice, details that you don't need because you have your own contact details and you are objecting that you weren't informed you could challenge the notice within 90 days, while challenging the notice within 90 days.

25-03-2023 12:43pm

If you have started mediation you won't have long to wait for clarification on the notice of termination. Best of luck.

25-03-2023 12:50pm

https://www.boards.ie/discussion/comment/120398129#Comment_120398129

Which the landlord has rightfully conceded to as any law-abiding landlord does. IMO living in a tent is good enough for vexatious people be they landlord or tenants.