Adjudicators Determination from PRTB

"The notice of termination is invalid in that it does not comply with Section 62 of the Act" Section 62 refers to what a valid notice of termination must contain. Is anyone familiar with this. The determination does not make reference to which part was not valid, and cannot get through to PRTB. Also. have 21 days to appeal this. which I don't think I will. Does anyone know can I serve a notice of termination before the 21 days are up.

Confusing post, or maybe its too late for me to read.

Where does that quote come from? I infer that it came from the PRTB and that you're appealing the decision which seemed to go against you to evict your tenant? And you're asking can you issue a fresh eviction notice before the few days for a successful appeal is valid? But you're unsure as to why the first notice of termination was invalid (but still want to proceed regardless with a second) ?

Why don't you talk to the PRTB. Looks to me like you ought to go and copy/past a valid termination notice. Any Estate agent letting properties will probably give ou one if you ask nnidely.

Normally the PRTB takes ages, is the tenant still paying you? I would have served a valid notice the minute the tenant sent a PRTB case.

Do you have a copy of the notice that you sent the tenant? If you do, then post main the details on it (not the tenant's name) and perhaps we can help you with your mistake.
Is it a Fixed term agreement or a Part 4 tenancy?
Was the NoT for rent arrears or for some other reason (one or more of the grounds for termination or tenant's breach of obligations.
What was the date of termination (and was it at least 28 days from the service of the NoT?
What reason/grounds did you state for the termination of the tenancy?
Did you state that the tenant has the whole 24 hours to vacate on the last day?
Did you state that any issues relevant to the NoT must be referred to the PRTB within 28 days?
Did you state the date of service of the NOT?
Did you sign the NoT?

This has now moved on to the next stage the PRTB Tribunal, can anyone recommend a solicitor that deals in this area, this is all melting my head and stressing me out.

George6 said:

This has now moved on to the next stage the PRTB Tribunal, can anyone recommend a solicitor that deals in this area, this is all melting my head and stressing me out.

Click to expand...

Did you contact the PRTB as to the reason the Not was not accepted by the adjudicator? Did you not keep a copy of the NoT?
Winning a case with the PRTB is much the same as in an employment tribunal or a small claims court. Evidence is what you need. Watch any Judge Judy Show! Because landlords are running a business, they are expected to act in a professional manner in all things;they are expected to keep ALL records in case of a claim by the tenant or if the landlord wants to make a claim against the tenant.

Another facet of the PRTB is that cases are handled in a more relaxed atmosphere than courts and a solicitor should not be necessary.

If you do not have a copy of the original NoT, you are unlikely to remember the information that you detailed in it. Have you checked the PRTB website for the Guide "Terminating a Tenancy".
[broken link removed]

Unless you contest the adjudicators decision (by going to a tribunal hearing) then you may be sure that you may now serve a new NoT as the other was invalid and therefore null and void. A Tribunal decision is likely to take several weeks plus the time to the tribunal. IMHO, you would be better starting afresh with a new NoT and this time make sure that you have all the details correct (I think the most common mistake is getting the dates incorrect and not allowing the full notice period). If the tenant was not awarded damages against you then it is probably not worth perusing the matter.

Of course, if you do not answer questions that posters asked, there is really little that we can do (see my first post). It may seem like a waste of time to you, but they were asked for a reason and the answers may throw some light as to why your NoT was adjudicated as invalid.

I issued my tenant a NoT on 13/05/2015 giving him 117 days to vacate copy of NoT this is a copy of it, blanked out names.


13th May 2015

To: ______________________

The tenancy of the dwelling at ___________________ will terminate on September 7th 2015 (117 days notice)

The tenant has the whole 24 hours of the termination date to vacate the possession.

I ____________ require the dwelling for my own occupation for foreseeable future.

Any issue as to the validity of this notice or the right of the landlord/tenant to serve it must be referred to the Private Residential Tenancies Board under part 6 of the Residential Tenancies Act 2014 within 28 days of receipt of it

This notice is served on 13th May 2015

Signed ____________________




The tenant did not move out on 7th September 2015.

I contacted the PRTB in relation to the tenant over holding and there was a hearing on 07/10/2015. The tenant did not make an appearance. On 23/10/2015 I received the Adjudication Report from the PRTB.

Which states the following:

Summary of Reason

That the notice of Termination was not accompanied by a notice nor did it contain a statement informing the tenant that the landlord, by virtue of the notice, is required to offer the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied-

the dwelling is vacated by the person due to occupy the premises within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice referred to the Board under Part 6 for resolution, the final determination of the dispute, and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the grounds specified in paragraph 1,2,3, or 6 of the Table in s.34 of the 2004 Act, as required pursuant to art. 4 of the Table in Section 34 of the residential Tenancies Act, 2001

Determination

The Notice of Termination served by the Applicant Landlord is invalid
The Applicant Landlord's claim in respect of over holding is not upheld

Can anyone explain what the above means and what I "a notice"

Really appreciate any help here. as I now need to serve another NoT

As I understand it you did not tell the tenant that if the property becomes vacant again within 6 months they can move back in.

see here from the PRTB website [broken link removed]

Thanks cremeegg, is there a template I could use, or is it just a line that you put into the NoT, do I have to put his contact details on the NoT, I have been on to the PRTB for advice on this and to be honest they were not very helpful